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ACTS

RESOLVES

PASSED BY THE

(i^tt^ral #0«rt af ^nmntknmii^,

IN THE YEAR

18 84,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, CHANGES

OF NAMES OF PERSONS,

ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH*

BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
No. 18 Post Office Square.
1884.

A CONSTITUTION

FORM OF GOVERNMENT

rOK THB

^ommontuealtlj of lHas5ac{)usetts.

PREAMBLE.

The end of the institution, maintenance, and administra- objects of
fcion of government, is to secure the existence of the body &"^'^''""""*^
politic, to protect it, and to furnish the individuals who
compose it with the power of enjoying in safety and tran-
quillity their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body politic.
of individuals: it is a social compact, by which the whole i^g'niiuX'^
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to
provide for an equitable mode of making laws, as well as
for an impartial interpretation and a faithful execution
of them ; tliat every man may, at all times, find his secu-
rit}^ in them.

We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in affording us, in the course
of His providence, an opportunity, deliberately and peace-
ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact with each other ;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
direction in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Rights, and
Frame of Govertiment, as the Constitution of the Com-
monwealth OF Massachusetts.

PART THE FIRST.

EqiKtIity and
ti:iliir;il rigbUof
all men.

niglit and duty
<f public reli-
i;ii)U.-< worship.
I'riiti'clion
tht-rein.
2 CUiKh. 104.
12 Allen, 129.

Amendment,
Art. XI. substi-
tuted for this.

Legislature em-
powered to com-
pel provision for
public worship ;

A Declaration of the Rights of the Inhabitants of the
Commonivealth of Massachusetts.

Article I. All men are born free and equal, and have
certain natural, essential, and unalienable rights ; among
wliich may be reckoned the right of enjoying and defend-
ing their lives and liberties ; that of acquiring, possessing,
and protecting property ; in fine, that of seeking and ob-
taining their safety and happiness.

II. It is the right as well as the duty of all men in
society, publicly, and at stated seasons, to worship the
Supreme Beestg, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience ; or for his religious pro-
fession or sentiments ; provided he doth not disturb the
public peace, or obstruct others in their religious worship.

III. [As the happiness of a people, and the good order
and preservation of civil government, essentially depend
upon piety, religion, and morality; and as these cannot
be generally diffused through a community but by the
institution of the public worship of God, and of public
instructions in piety, religion, and morality : Therefore,
to promote their happiness, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and the legislature shall,
from time to time, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to maice suitable provision, at their own expense,
for the institution of the public worship of God, and for
the support and maintenance of public Protestant teachers
of piety, religion, and morality, in all cases where such
provision shall not be made voluntarily.

COMMONWEALTH OF MASSACHUSETTS.

And the people of this commonwealth have also a right
to, and do, invest their legislature with authority to enjoin
upon all the subjects an attendance upon the instructions
of the public teachers aforesaid, at stated times and sea-
sons, if there be any on whose instructions they can con-
scientiously and conveniently attend.

Pr(.>vided, notwithstanding, that the several towns, par-
islies, precincts, and other bodies politic, or religious socie-
ties, shall, at all times, have the exclusive right of electing
their public teachers, and of contracting with them for
their support and maintenance.

And all moneys paid by the subject to the support of
public worship, and of the public teachers aforesaid, shall,
if he require it, be uniformly applied to the support of the
public teacher or teachers of his own religious sect or de-
nomination, provided there be any on whose instructions
he attends ; otherwise it may be paid towards the support
of the teacher or teachers of the parish or precinct in which
the said moneys are raised.

And every denomination of Christians, demeaning them-
selves peaceably, and as good subjects of the commonwealth,
shall be equally under the protection of the law : and no
subordination of any one sect or denomination to another
shall ever be established by law.]

ly. The people of this commonwealth have the sole
and exclusive right of governing themselves, as a free,
sovereign, and independent state ; and do, and forever
hereafter shall, exercise and enjoy every power, jurisdic-
tion, and right, which is not, or may not hereafter be, by
them exj^ressly delegated to the United States of America,
in Congress assembled.

V. All power residing originally in the people, and
being derived from them, the several magistrates and
officers of government, vested with authority, whether
legislative, executive, or judicial, are their substitutes
and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men,
have any other title to obtain advantages, or particular
and exclusive privileges, distinct from those of the com-
munity, than what arises 'from the consideration of ser-
vices rendered to the public ; and this title being in nature
neither hereditary, nor transmissible to children, or de-
scendants, or relations by blood, the idea of a man born a
magistrate, lawgiver, or judge, is abeurd and unnatural.

\ll. Government is instituted for the common good;
for the protection, safety, prosperity, and happiness of the

and to enjoin
atteujanoe
thereon.

Exclusive ritthl
of eU'Ctiiis; reli-
gious teacbern
secured.

Option as to
■whom parochial
taxes may be
paid, uulesB, etc.

All denomina-
tions equally
protected.
8 Met. 162.
Subordination
of one sect to
another pro-
hibited.

Risjht of self.

government

secured.

Accountability
of ail otljcers,
etc.

Services ren-
dered to the
public being the
only title to
peculiar privi-
leges, heredi-
tary oflices are
absurd and
unnatural.

Objects of (fov
cnimeiil : ^i^lll
of people to

CONSTITUTION OF THE

institute and
change it.

Right of people
to secure rota-
tion in offlce.

All, having the
qualifications
prescribed,
equally eligible
to office.
For the defini-
tion of "inhabit-
ant," see Ch. 1,
Sect. 2, Art. II.
Right of protec-
tion and duty of
contribution
correlative.
Taxation found-
ed on consent.
16 Mass. 326.
1 Pick. 418.
7 Pick. 3-1-1.
12 Pick. 184, 467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray, 363.
14 Gray, l.i4.
1 Allen, 150.
4 Allen, 474.
Private prop-
erty not to be
taken for public
uses without,

a Cush. 327.

Remedies, by
recourse to the
law, to be free,
complete and
prompt.

Prosecutions
rfgulated.
8 Pick. 211.
10 Pick. 9.
18 Pick. 434.

people ; and not for the profit, honor, or private interest
of any one man, family, or class of men ; Therefore the
people alone have an incontestible, unalienable, and inde-
feasible right to institute government ; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested with
authority from becoming oi)pressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and regular elections and appoint-
ments.

IX. All elections ought to be free ; and all the inhab
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments. 122 Mass. 505, soe.

X. Each individual of the society has a right to be
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, con-
sequentl}', to contribute his share to the expense of this
protection; to give his personal service, or an equivalent,
when necessary : but no part of the property of any indi-
vidual can, with justice, be taken from him, or applied to
public uses, without his own consent, or that of the repre-
sentative body of the people. In fine, the people of this
commonwealth are not controllable by any other laws
than those to which their constitutional representative
body have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.

14 Gray, 105. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441.

16 Gray, 417, 431. 100 Mass. .544, 500. Ill Mass. 130. 127 Mass. 50, 52,

1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 358, 303, 410, 413.

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 129 Mass. 559.

XL Every subject of the commonwealth ought to find
a certain remedy, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or character. He ought to obtain right and
justice freely, and without being obliged to purchase it ;
completely, and without any denial ; promptly, and without
delay ; conformably to the laws.

XII. No subject shall be held to answer for any crimes
or offence, until the same is fully and plainly, substantially,
and formally, described to him ; or be compelled to accuse,

COMMONWEALTH OF MASSACHUSETTS. 7

or furnish evidence against himself. And every subject f-^^^^^^"^-
shall have a right to produce all proofs that may be i2Cu8hr246.
favorable to him ; to meet the witnesses against him face 5 gIII\ Jeo.
to face, and to be fully heard in his defence by himself, lo^orayfii!
or his counsel, at his election. And no subject shall be ^\(^,'"[',f'3^g^j^-
arrested, imprisoned, despoiled, or deprived of his prop- ii^Aiien, 238-

• • ••! jCji jj- 240 ''64 439

erty, immunities, or privileges, put out ot the protection 473.' *■ ' '
of the law, exiled, or deprived of his life, liberty, or estate, JH Mask's?™'
but by the judgment of his peers, or the law of the land. 573.

100 Mass. 2S7, 295. lOS Mass. 5, 6. 122 Mass. 332. 127 Mass. 550, 554.
103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559.
107 Mass. 172, 180. 120 Mass. 118, 120.

And the legislature shall not make any law that shall RighttotHaiby
subject any person to a capital or infamous punishment, cases, except,
excepting for the government of the army and navy, with- f Gray, 329, 373.
out triarby jury. ^^^ ^■''^- '^^^•

Xni. In criminal prosecutions, the verification of facts, Crimc^tobe
in the vicinity where the}^ happen, is one of the greatest vidntty!"
securities of the life, liberty, and property of the citizen. i2T'Ma'st!*6i, 62.

XIV. Every subject has a right to be secure from all Rigiu of search

IT 1 1 • J! ^ • ^ • and seizure

unreasonable searches, and seizures, 01 his person, his regulated.

houses, his papers, and all his possessions. All warrants, S"end^t7v.^''

therefore, are contrary to this right, if the cause or founda- g cusii^aob

tion of them be not previously supported by oath or afQr- 1 Gray', 1. '

mation, and if the order in the warrant to a civil officer, to ib AUen', 403.

make search in suspected places, or to arrest one or more igg.^'*''*" ^^^'

suspected persons, or to seize their property, be not accom- 120 Mass. 269,
panied with a special designation of the persons or objects
of search, arrest, or seizure : and no warrant ought to be
issued but in cases, and with the formalities prescribed by
the laws.

XV. In all controversies concerninor property, and in Rigbttotriaiby
all suits between two or more persons, except m cases in cept, etc.
which it has heretofore been otherways used and practised, Araend°u vu."'
the parties have a right to a trial by jury ; and this method ^ p-^^" f^Q

of procedure shall be held sacred, unless, in causes arising & Gray, 144.
on the hiixh seas, and such as relate to mariners' wajjes, iiAuVn, 574,
the legislature shall hereafter find it. necessary to alter it. 102 Mass. 45, 47.

114 ilass. 388, 300. 122 Jilass. 505, 516. 125 :Ma8S. 182, 188.

120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.

XVI. The liberty of the press is essential to the seen- Liberty of the
rity of freedom in a state : it ought not, therefore, to be ^^^^^'
restrained in this commonwealth.

XVII. The people have a right to keep and to bear Riebttokeop
arms for the common defence. And as, in time of peace, lundhtl'mm'i.'-s
armies are dangerous to liberty, they ought not to be uarf power sub!
maintained without the consent of the lefi:islature ; and ordinate to cuii.

" 5 Gray, 121.

CONSTITUTION OF THE

Moral qualifica-
tious fur oflice.

Moral obliira-
tii)ii.< ol laWLTiv
ers aiul rnagia-
tialuii.

Right of pi'iiple
to im-lniiM np-
ri;»i'iUaiivu» and
petiliou lugitila-
ture.

PoWlT to BU8-

piiii] tlio law« or
tbuir exfculion.

Freedom of de-
bate, ftc, ainl
reuiion thereof.

Frequent ses-
Bioris, and ob-
jects thereof.

Taxation found-
ed on consent.
8Allen,-J4(.

Ex pout facto
laws prohibited.
12 Allen, 4->l,
42.1, 42S. 434.

Legislature not
to convict of
treason, otc.

the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence
to those of piety, justice, moderation, temperance, indus-
try, and frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to require of
their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the
laws necessary for the good administration of the common-
wealth.

XIX. The people have a right, in an orderly and peace-
able manner, to assemble to consult upon the common
good ; give instructions to their representatives, and to
request of the legislative body, by the way of addresses,
petitions, or remonstrances, redress of the wrongs done
them, and of the grievances they suffer.

XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exercised
in such particular cases only as the legislature shall ex-
pressly provide for.

XXI. The freedom of deliberation, speech, and debate,
in either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of
any accusation or prosecution, action or complaint, in any
other court or place whatsoever.

XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as the
common good may require.

XXIII. No subsidy, charge, tax, impost, or duties
ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or
their representatives in the legislature.

XXIV. Laws made to punish for actions done before
the existence of such laws, and which have not been de-
clared crimes by preceding laws, are unjust, oppressive,
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time,
to be declared guilty of treason or felony by the legisla-
ture.

COMMONWEALTH OF MASSACHUSETTS.

XXVI. No magistrate or court of law shall demand
excessive bail or sureties, impose excessive fines, or inflict
cruel or unusual punishments.

XXVII. In time of peace, no soldier ought to be quar-
lered in any house without the consent of the owner ; and
in time of war, such quarters ought not to be made but
hy the civil magistrate, in a manner ordained by the legis-
lature.

XXVIII. No person can in any case be subject to law-
martial, or to any penalties or pains, by virtue of that law,
except those employed in the army or nav}^ and except
the militia in actual service, but by authority of the legis-
lature.

XXIX. It is essential to the preservation of the rights
of every individual, his life, liberty, property, and charac-
ter, that there be an impartial interpretation of the laws,
and administration of justice. It is the right of every
citizen to be tried by judges as free, impartial, and inde-
pendent as the lot of humanity will admit. It is, therefore,
not onlj' the best policy, but for the security of the rights
of the people, and of every citizen, that the judges of the
supreme judicial court should hold their offices as long as
they behave themselves well ; and that they should have
honorable salaries ascertained and established by standing
laws.

XXX. In the government of this commonwealth, the
legislative department shall never exercise the executive
and judicial powers, or either of them : the executive shall
never exercise the legislative and judicial powers, or either
of them : the judicial shall never exercise the legislative
and executive powers, or either of them : to the end it
may be a government of laws and not of men.

EsccBsive bailor
fines, and cruel
puiiislinic-nts,
prohibited.
5 Gray, 482.
No soldier to be
quartered ill any
liuuse, unless,
etc.

Citizens exempt
from law-mar-
tial, unless, etc.

Judges of su-
preme judicial
court.

3 Pick. 471.
1 Gray, 472.

4 Allen, 591.
7 Allen, 385.
105 Mass. 219,
221, 225.
Tenure of thell
ofilce.

Salaries.

Separation of
executive, judi
cial, and lejijis-
lative depart-
ments.
2 Oush. 577.
2 Allen, 3G1.
8 Allen, 247, 253.
100 Mass. 282,
286.

114 Mass. 247,
249.

116 Mass. 317.
129 Mass. 559.

PART THE SECOND.

The Frame of Government.

The people, inhabiting the territory formerly called the Title of body
Province of Massachusetts Bay, do hereby solemnly and
mutually agree with each other, to form themselves into a
free, sovereign, and independent body politic, or state, by
the name of Tim Coi^imonwealth of Massachusetts.

CONSTITUTION OF THE

CHAPTER I.

THE LEGISLATIVE POWER.

Section I.

legislative
department.

For change of
time, etc., see
amendments,
Art. X.

Governor's veto.
99 Mass. 636.

Bill m:;- be
pMssed by two-
thirds of each
house, notwith-
Ntaading.

For exception
in case ofad-
journinent of
the general
court within
the five days,
Bee amend-
ments, Art. I,
o Mass. 567.
General cour'
may constilule
judicatories,

The General Court.

Article I. The department of legislation shall be
formed by two branches, a Senate and House of Represen-
tatives ; each of which shall have a negative on the other.

The legislative body shall assemble every year [on the
last Wednesday in May, and at such other times as they
shall judge necessary ; and shall dissolve and be dissolved
on the day next preceding the said last Wednesday in
May;] and shall be styled, The General Court of
Massachusetts.

II. No bill or resolve of the senate or house of repre-
sentatives shall become a law, and have force as such,
until it shall have been laid before the governor for his
revisal ; and if he, upon such revision, approve thereof, he
shall signify his approbation by signing the same. But if
he have any objection to the passing of such bill or resolve,
he shall return the same, together with his objections there-
to, in writing, to the senate or house of representatives, in
whichsoever the same shall have originated ; who shall
enter the objections sent down by the governor, at large,
on their records, and proceed to reconsider the said bill or
resolve. But if after such reconsideration, two-thirds of
the said senate or house of representatives, shall, notwith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, wiiere it shall also be reconsid-
ered, and if approved by two-thirds of the members pres-
ent, shall have the force of a law : but in all such cases,
the votes of both houses shall be determined by yeas and
nays ; and the names of the persons voting for, or against,
the said bill or resolve, shall be entered upon the public
records of the commonwealth.

And in order to prevent unnecessary delays, if anj- bill
or resolve shall not be returned by the governor within
five days after it shall have been presented, the same shall
have the force of a law.

ni. The general court shall forever have full power
and authority to erect and constitute judicatories and

COMMONWEALTH OF MASSACHUSETTS.

courts of record, or other courts, to be held in the name
of the commonwealth, for the hearing, trying, and deter-
mining of all manner of crimes, offences, pleas, processes,
plaints, actions, matters, causes, and things, whatsoever,
arising or happening within the commonwealth, or between
or concerning persons inhabiting, or residing, or brought
within the same : whether the same be criminal or civil,
or whether the said crimes be capital or not capital, and
whether the said pleas be real, personal, or mixed ; and
for the awarding and making out of execution thereupon.
To which courts and judicatories are hereb}^ given and
granted full power and authority, from time to time, to
administer oaths or affirmations, for the better discovery
of truth in any matter in controversy or depending before
them.

IV. And further, full power and authority are hereb}'
given and granted to the said general court, from time to
time to make, ordain, and establish, all manner of whole-
some and reasonable orders, laws, statutes, and ordinances,
directions and instructions, either with penalties or with-
out ; so as the same be not repugnant or contrary to this
constitution, as they shall judge to be for the good and
welfare of this commonwealth, and for the government
and ordering thereof, and of the subjects of the same, and
for the necessary support and defence of the government
thereof; and to name and settle annually, or provide by
fixed laws for the naming and settling, all civil officers
within the said commonwealth, the election and consti-
tution of whom are not hereafter in this form of govern-
ment otherwise provided for ; and to set forth the several
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and
places, so as the same be not repugnant or contrary to
this constitution ; and to impose and levy proportional
and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and persons resident, and estates lying,
within the said commonwealth ; and also to impose and
levy reasonable duties and excises upon any produce,
goods, wares, merchandise, and commodities, whatsoever,
brought into, produced, manufactured, or being within
the same ; to be issued and disposed of by warrant, under
the hand of the governor of this commonwealth for the
time being, with the advice and consent of the council,
for the public service, in the necessary defence and sup-

courts of record,

etc.

8 (Jrav, 1.

IJ Gray, 147,

104.

Courts, etc.,
may administer
oalbs.

General court

may enact laws,

etc.

9 Gray, 426.

4 Allen, 473.

V2 Allen, 223,

2:J7.

11)0 Mass. 544,

b:u.

110 Mass. 467,

470.

may enact
laws, etc., not
rcpuKiiant to
the cunstitution.
6 Allen, ooH.

may provide
for the election
or appointment
of otiicens.
115 Mass. 602.

may prescribe
their duliea.

may impose

taxes, etc.
12 Mass. 252.

5 Allen, 42S.

6 Allen, 5.J8.

8 Allen, 247, 253.

10 Allen, 235.

11 Allen, 208.

12 Allen, 77,223,
2iio, 2i8, 240, 298,
300, 312, 313, 500,
612.

9S .Mass. 19.

100 .Nfass. 285.

101 Mass. 675,
585.

103 Mass. 267.
114 Mass. 3S8,
391.

CONSTITUTION OF THE

11(5 Mass. 461.
118 Mass. 386,

12;i Mass. 493,

40o.

127 Mass. 413.

may impose
tiixos, etc., to be
disposed of for
defence, protec-
tion, etc.
8 Allen, 247, 256.
Valuation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Maea. 547.

port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force withiu
the same.

And while the public charges of government, or any
part thereof, shall be assessed on polls and estates, in the
manner that has hitherto been practised, in order that
such assessments may be made with equality, there shall
be a valuation of estates within the commonwealth, taken
anew once in every ten years at least, and as much oftener
as the general court shall order.

For the authority of the general court to charter cities, see ameudments. Art. II.

e?nate, number
of, and by whom
elected.
Superseded by
amendments.

Art. xnr.,

which was also
superseded by
amendments.
Art. XXU.

For provision as
to councillors,
see amend-
ments, Art.
XVI.

Counties to be
districts, until,
etc.

CHAPTER I.

Section II.

Senate,

Article I. [There shall be annually elected, by the
freeholders and other inhabitants of this commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors and senators for the year ensuing their
election; to be chosen by the inhabitants of the districts
into which the commonwealth ma}', from time to time, be
divided by the general court for that purpose : and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts; and
timely make known to the inhabitants of the common
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-
teen ; and that no district be so large as to entitle the
same to choose more than six senators.

And the several counties in this commonwealth shall,
until the general court shall determine it necessary to
alter the said districts, be districts for the choice of coun-
cillors and senators, (except that the counties of Dukes
County and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz.: — Suffolk, six; Essex, six; Middlesex,
five ; Hampshire, four ; Pljmiouth, three ; Barnstable, one ;
Bristol, three ; York, two ; Dukes County and Nantucket,
one ; Worcester, five ; Cumberland, one ; Lincoln, one ;
Berkshire, two.]

COMMONWEALTH OF MASSACHUSETTS.

H. The senate shall be the first branch of the legisla-
ture ; and the senators shall be chosen in the following man-
ner, viz. : there shall be a meeting on the [first Monday in
April,] annually, forever, of the inhabitants of each town
in the several counties of this commonwealth ; to be called
by the selectmen, and warned in due course of law, at
least seven days before the [first Monday in April,] for
the purpose of electing persons to be senators and coun-
cillors; [and at such meetings every male inhabitant of
twenty-one years of age and upwards, having a freehold
estate within the commonwealth, of the annual income of
three pounds, or any estate of the value of sixty pounds,
shall have a right to give in his vote for the senators for
the district of which he is an inhabitant.] And to remove
all doubts concerning the meaning of the word " inhabit-
ant " in this constitution, every person shall be considered
as an inhabitant, for the purpose of electing and being
elected into any office, or place within this state, in that
town, district, or plantation where he dwelleth, or hath
his home.

The selectmen of the several towns shall preside at
such meetings impartiall)' ; and shall receive the votes
of all the inhabitants of such towns present and qualified
to vote for senators, and shall sort and count them in
open town meeting, and in presence of the town clerk,
who shall make a fair record, in presence of the select-
men, and in open town meeting, of the name of every
person voted for, and of the number of votes against his
name : and a fair copy of this record shall be attested by
the selectmen and the town clerk, and shall be sealed up,
dh'ected to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednesday
in Ma}'"] annually ; or it shall be delivered into the secre-
tary's office seventeen days at least before the said [last
Wednesday in iMay:] and the sheriff of each county shall
deliver all such certificates by him received, into the
secretary's office, seventeen days before the said [last
Wednesday in INIay.]

And the inhabitants of plantations unincorporated,
qualified as this constitution provides, who are or shall
be empowered and required to assess taxes upon them-
selves toward the support of government, shall have
the same privilege of voting for councillors and senators

Manntr iiii'l

Buiialors ;iiij
CDUiicillors.
'I'iiiic of (lection
.Uian-rd by
iimriiihiiL'iitM,
Art. X., .•md
cli:mi,'c(l MLCiiin
by amoiidaiuiils,
An. XV.
As to cities, see
ameiKiineuls,
Alt. n.

Tliese pro-
visions MS (() tlio
qualiliealioiis of
volers, super-
seded by anieiid-
meiils, Arts.
in., XX. and

xxvni.

Word " inhabit-
ant" delincd.
See alto amend-
ments, Art.
XXUI., wliich
was annulled by
Art. XXVl.
12 Gray, 21.
122 Uasa. 595,
597.

Selectmen to
preside at town
meetings.

Return of votes

As to cities, see
amend uieul8,
Art.U.

Time ebangcd
to first Wednes-
day of .January.
See amend-
ments, Art. X.

Inhabitants of
unincorporated
plantations,
who pay state
taxes, may vote.

CONSTITUTION OF THE

Plantation

meetings.
Time of elec-
tion changed
by amend-
ments, Art. XV.
Assessors to
notify, etc.

Governor and
council to ex-
amine and count
votes, and issue
summonses.
Time cluingcd
to first Wednes-
day in January
bv amendments,
Art. X.
M.ajority
clianged to
plurality bj'
amendments,
Art. XIV.

Senate to be
final judge of
elections, etc.,
of its own mem-
bers.

Time changed
to first Wednes-
daj' of January
by amendments.
Art. X.
Majority
changed to
plurality by
amendments,
Art. XIV.

Vacancies, how
filled.

Changed to
election by

in the plantations where they reside, as town inhabitants
have in their respective towns; and the plantation meet-
ings for that purpose shall be held annually [on the same
first Monday in April], at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the elect-
ors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places unincor-
porated (qualified as aforesaid) who shall be assessed to
the support of government by the assessors of an adjacent
town, shall have the privilege of giving in their votes for
councillors and senators in the town where they shall be
assessed, and be notified of the place of meeting by the
selectmen of the town where they shall be assessed, for
that purpose, accordingly.

III. And that there ma}' be a due convention of sena-
tors on the [last Wednesday in May] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue liis summons to such persons as shall appear to be
chosen by [a majority of] voters, to attend on that day,
and take their seats accordingly : provided, nevertheless,
that for the first year the said returned copies shall be
examined by the president and five of the council of the
former constitution of government ; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec-
tions, returns and qualifications of their own members, as
pointed out in the constitution ; and shall, [on the said
last Wednesday in May] annually, determine and declare
who are elected by each district to be senators [by a
majority of votes ; and in case there shall not appear to
be the full number of senators returned elected by a
majority of votes for any district, the deficiency shall be
supplied in the following manner, viz. : The members of
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, and not elected, amounting to twice the
number of senators wanting, if there be so many voted
for ; and out of these shall elect by ballot a number of
senators sufficient to fill up the vacancies in such district ;
and in this manner all such vacancies shall be filled up in

COMMONWEALTH OF MASSACHUSETTS.

every district of the commonwealth ; and in like manner
all vacancies in the senate, arising by death, removal out
of the state, or otherwise, shall be supplied as soon as may
be, after such vacancies shall liappen.]

V. Provided, nevertheless, that no person shall be
capable of being elected as a senator, [who is not seised
in his own right of a freehold, within this commonwealth,
of the value of three hundred pounds at least, or possessed
of personal estate to the value of six hundred pounds at
least, or of both to the amount of the same sum, and] who
has not been an inhabitant of this commonwealth for the
space of five years immediately preceding his election, and,
at the time of his election, he shall be an inhabitant in the
district for which he shall be chosen.

Vr. The senate shall have power to adjourn themselves,
provided such adjournments do not exceed two days at a
time.

VH. The senate shall choose its own president, appoint
its own officers, and determine its own rules of proceedings.

VIII. The senate shall be a court with full authority
to hear and determine all impeachments made by the
house of representatives, against any officer or officers of
the commonwealth, for misconduct and mal-admiuistration
in their offices. But previous to the trial of every im-
peachment the members of the senate shall respectively
be sworn, truly and impartially to try and determine the
charge in question, according to evidence. Their judg-
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
of honor, trust, or profit, under this commonwealth : but
the party so convicted shall be, nevertheless, liable to
iiidictment, trial, judgment, and punishment, according to
the laws of the land.

IX. Not less than sixteen members of the senate shall
constitute a quorum for doing business.

people.
Sue aracnd-
nients, Art.

xxiv.

Qualifications <-f
a sonalor.
rropeity quali-
ticiitioii abol-
ished.
Sec amend-
iiu-ntH, Art.
XIII.

For further ])ro-
visioii as to
residence, see
also amend-
ments, Art.
XXTI,

Senate not to
adjourn more
than two days

shall choose
its officers ai.d
establish its
rules.

shall try all
impcachmenld.

Oath.

Limitation of
sentence.

Quorum.
For further pro-
visions, see
amendments,
Art. XXI [.

CHAPTER I.
Section III.

House of Representatives.

Article I. There shall be, in the legislature of this Representation
commonwealth, a representation of the people, annually of "^e people,
elected, and founded upon the principle of equality.

CONSTITUTION OF THE

Representa-
tives, by whom
chosen.

Superseded by
amendments,
Arts. XII. and
XIII., which
were also
superseded by
amendments,
Art. XXI.
7 Mass. 623.

Proviso as to
towns having
less than I.jU
ratable polls.

Towns liable to
fine in case, etc.

Expenses of
travelling to
and from the
general court,
how paid.

Qualifications of
a representa-
tive.

New provision
as to residence.
See amend-
ments, Art.
XXI.

Property quali-
fications abol-
ished by amend-
ments. Art.
KlU.

Qii.nlifications of
a voter.
These pro-
visions super-
seded by
amendments,
Arts. III., XX.
and XXVni.
See also amend-
ments, Art.
XXIII., which
was annulled by
Art. XXVI.
Representa-
tives, when
chosen.

II. [And in order to provide for a representation of
the citizens of this commonwealth, founded upon tlie prin-
ciple of equality, every corporate town containing one
hundred and fifty ratable polls may elect one represen-
tative ; every corporate town containing three hundred
and seventy-five ratable polls may elect two representa-
tives ; every corporate town containing six hundred ratable
polls may elect three representatives ; and proceeding in
that manner, making two hundred and twenty-five ratable
polls the mean increasing number for every additional
representative.

Provided, nevertheless, that each town now incorporated,
not having one hundred and fifty ratable polls, may elect
one representative ; but no place shall hereafter be incor-
porated with the privilege of electing a representative,
unless there are within the same one hundred and fifty
ratable polls.]

And the house of representatives shall have power from
time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, agreea-
bly to this constitution.

The expenses of travelling to the general assembly, and
returning home, once in every session, and no more, shall
be paid by the government, out of the public treasury, to
every member who shall attend as seasonably as he can, in
the judgment of the house, and does not depart without
leave.

III. Every member of the house of representatives
shall be chosen by written votes; [and, for one year at
least next preceding his election, shall have been an inhab-
itant of, and have been seised in his own right of a free-
hold of the value of one hundred pounds within the town
he shall be chosen to represent, or any ratable estate to
the value of two hundred pounds ; and he shall cease to
represent the said town immediately on his ceasing to be
qualified as aforesaid.]

IV. [Every male person, being twenty-one years of
age, and resident in any particular town in this common-
wealth for the space of one year next preceding, having a
freehold estate within the same town of the annual income
of three pounds, or any estate of the value of sixty pounds,
shall have a right to vote in the choice of a representative
or representatives for the said town.]

V. [The members of the house of representatives shall
be chosen annually in the month of May, ten days at least
before the last Wednesday of that month.]

Time of election changed by amendments, Art. X., and changed again by amendments,

Art. XV.

COMMONWEALTH OF MASSACHUSETTS.

VI. The house of representatives shall be the grand
inquest of this commonwealth ; and all impeachments
made by them shall be heard and tried by the senate.

Vn. All money bills shall originate in the house of
representatives ; but the senate may propose or concur
with amendments, as on other bills.

Vni. The house of representatives shall have power
to adjourn themselves; provided such adjournment shall
not exceed two days at a time.

IX. [Not less than sixty members of the house of
representatives shall constitute a quorum for doing busi-
ness.]

X. The house of representatives shall be the judge of
the returns, elections, and qualifications of its own mem-
bers, as pointed out in the constitution ; shall choose their
own speaker; appoint their own officers, and settle the
rules and orders of proceeding in their own house. They
shall have authority to punish by imprisonment every
person, not a member, who shall be guilty of disrespect
to the house, by any disorderly or contemptuous behavior
in its presence ; or who, in the town where the general
court is sitting, and during the time of its sitting, shall
threaten harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor ; or who shall assault, or
arrest, any witness, or other person, ordered to attend the
house, in his way in going or returning ; or who shall
rescue any person arrested by the order of the house.

And no member of the house of representatives shall be
arrested, or held to bail on mean process, during liis going
unto, returning from, or his attending the general assem-

XL The senate shall have the same powers in the like
cases ; and the governor and council shall have the same
authority to punish in like cases : provided, that no impris-
onment on the warrant or order of the governor, council,
senate, or house of representatives, for either of the above
described offences, be for a term exceeding thirty days.

And the senate and house of representatives may try
and determine all cases where their rights and privileges
are concerned, and which, by the constitution, they have
authority to try and determine, by committees of their own
members, or in such other way as they may respectively
think best.

House nlone
can Impeach.

House to origi-
nate all money
bills.

not to adjourn
more than two
days.

quorum.
Superst'ded hy
aracndmc'iits,
Art. XXI.

to judge of
returns, etc., of
its own mem-
bers ; to choose
its officers and
establish its
rules, etc.

may punish
for certain
oflences.
li Gray, 226.

Privileges of
members.

Senate.
Governor and
council may
punish.

General limita-
tion.
UGray, 220.

Trial may be by
committee, or
ollicrwitfe.

CONSTITUTION OF THE

Governor.

His title.

To be chosen

annually.

Qualilications.

Requirement of
religious decla-
ration abolibhcd
by araend-
nicnta, Art.
VU.

By whom cho-
ecn, if be have a
majority of
votes.

Time of elec-
tion changed by
amendments,
Art. X., and
changed again
by araendmentB,
Art. XV.

As to cities, Bee
ainendmeuts,
Art. U.

Time changed
♦o first Wednes-
day of January
by amendments,
Art. X.

Changed to
plurality by
amendments,
Art. XIV.

How chosen,
when no person
has a majority.

CHAPTER II.

EXECUTIVE POWER.

Section I.
Qovernor.

Article I. There shall be a supreme executive magis-
trate, who shall be styled — The Goveenor of the
Commonwealth of jNIassachusetts ; and whose title
shall be — His Excellency.

II. The governor shall be chosen annually ; and no
person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this com-
monwealth for seven years next preceding ; and unless he
shall at the same time be seised, in his own right, of a
freehold, within the commonwealth, of the value of one
thousand pounds ; [and unless he shall declare himself to
be of the Christian religion.]

III. Those persons who shall be qualified to vote for
senators and representatives within the several towns of
this commonwealth shall, at a meeting to be called for
that purpose, on the [first IMonday of April] annually,
give in their votes for a governor, to the selectmen, who
shall preside at such meetings ; and the town clerk, in the
presence and with the assistance of the selectmen, shall,
in open town meeting, sort and count the votes, and form
a list of the persons voted for, with the number of votes
for each person against his name ; and shall make a fair
record of the same in the town books, and a public decla-
ration thereof in the said meeting ; and shall, in the pres-
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty daj^s at least before the
[last Wednesday in IMay] ; and the sheriff shall transmit
the same to the secretary's office, seventeen days at least
before the said [last Wednesday in May] ; or the select-
men may cause returns of the same to be made to the
office of the secretary of the commonwealth, seventeen
days at least before the said day ; and the secretary shall
lay the same before the senate and the house of repre-
sentatives on the [last Wednesday in May], to be b}^ them
examined ; and [in case of an election by a majority of all
the votes returned], the choice shall be by them declared
and published ; [but if no person shall have a majority of

COMMONWEALTH OF MASSACHUSETTS.

votes, the house of representatives shall, by ballot, elect
two out of four persons who had the highest number of
votes, if so many shall have been voted for ; but, if other-
wise, out of the number voted for ; and make return to
the senate of the two persons so elected ; on which the
senate shall proceed, by ballot, to elect one, who shall be
declared governor.]

IV. The governor shall have authority, from time to
time, at his discretion, to assemble and call together the
30uncillors of this commonwealth for the time being ; and
the governor with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
commonwealth, agreeably to the constitution and the laws
of the land.

V. The governor, with advice of council, shall have
full power and authority, during the session of the gen-
eral court, to adjourn or prorogue the same to any time
the two houses shall desire ; [and to dissolve the same on
the day next preceding the last Wednesday in May ; and,
in the recess of the said court, to prorogue the same from
time to time, not exceeding ninety days in any one recess ;]
and to call it together sooner than the time to which it
may be adjourned or prorogued, if the welfare of the com-
monwealth shall require the same ; and in case of any
infectious distemper prevailing in the place where the said
court is next at any time to convene, or any other cause
happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
place within the state.

[And the governor shall dissolve the said general court
on the day next preceding the last Wednesday in May.]

VI. In cases of disagreement between the two houses,
with regard to the necessity, expediency, or time of ad-
journment or prorogation, the governor, with advice of
the council, shall have a right to adjourn or prorogue the
general court, not exceeding ninety days, as he shall
determine the public good shall require.

VII. The governor of this commonwealth, for the time
being, shall be the commander-in-chief of the army and
navy, and of all the military forces of the state, by sea
and land ; and shall have full power, by himself, or by
any commander, or other officer or officers, from time to
time, to train, instruct, exercise, and govern the militia
and navy ; and, for the special defence and safety of the

Power of gov-
ernor, and of
governor and
council.

May adjourn or
prorogue the
general court
upon request,
and convene
the same.
As to dissolu-
tion, see amend
mcnts, Art. X.

As to dissolu-
tion, see amend-
ments, Art. X.

Governor and
council may
adjourn the gen-
eral court in
cases, etc., hut
not exceeding
ninety days.

Governor to be
commander-in-
chief.

CONSTITUTION OF THE

Limitation.

Governor and
council may
pardon offences,
except, etc.

But not before
conviction.
109 Mass. 323.

Judicial offi-
cers, etc., how
nominated and
appointed.
For provisions

Gommonwealth, to assemble in martial array, and put in
warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoj'ance
of this commonwealth ; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invading, conquering, or annoying this com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the
constitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any time
hereafter, by vh'tue of any power by this constitution
granted, or hereafter to be granted to him by the legis-
lature, transport any of the inhabitants of this common-
wealth, or oblige them to march out of the limits of the
same, without their free and voluntary consent, or the con-
sent of the general court ; except so far as may be neces-
sary to march or transport them b)^ land or water, for the
defence of such part of the state to which they cannot
otherwise conveniently have access.

VIII. The power of pardoning offences, except such
as persons may be convicted of before the senate by an
impeachment- of the house, shall be in the governor, by
and with the advice of council; but no charter of par-
don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same,
notwithstanding any general or particular expressions con-
tained therein, descriptive of the offence or offences in-
tended to be pardoned.

IX. All judicial officers, [the attorney-general,] the
solicitor-general, [all sheriffs,] coroners, [and registers of
probate,] shall be nominated and appointed by the gov

COMMONWEALTH OF MASSACHUSETTS.

ernor, by and with the advice and consent of the council ;
and every such nomination shall be made by the governor,
and made at least seven days prior to such appointment.

For provision ae to election of elioriffs, registers of probate, etc., see amendments, Art.
XIX. For provision as to appointment of notaries puljlic, see amendments, Art. IV.

X. The captains and subalterns of the militia shall be
elected by the written votes of the train-band and alarm
list of their respective companies, [of twenty-one years
of age and upwards ;] the field officers of regiments shall
be elected by the written votes of the captains and subal-
terns of their respective regiments ; the brigadiers shall be
elected, in like manner, by the field officers of their respec-
tive brigades ; and such officers, so elected, shall be com-
missioned by the governor, who shall determine their rank.

The legislature shall, by standing laws, direct the time
and manner of convening the electors, and of collect-
ing votes, and of certifying to the governor, the officers
elected.

The major-generals shall be appointed by the senate and
house of representatives, each having a negative upon the
other ; and be commissioned by the governor.

For provisions as to appointment of a coraraissary-general, see amendments. Art. IV.

And if the electors of brigadiers, field officers, captains
or subalterns, shall neglect or refuse to make such elec-
tions, after being duly notified, according to the laws for
the time being, then the governor, with advice of council,
shall appoint suitable persons to fill such offices.

[And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
of both houses to the governor, or by fair trial in court-
martial, pursuant to the laws of the commonwealth for the
time being.]

The commanding officers of regiments shall appoint
their adjutants and quartermasters ; the brigadiers their
brigade-majors ; and the major-generals their aids ; and
the governor shall appoint the adjutant-general.

The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confedera-
tion of the United States it is provided that this common-
wealth shall appoint, as also all officers of forts and
garrisons.

The divisions of the militia into brigades, regiments, and
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this commonwealth, until the same shall be
altered in pursuance of some future law.

as to election
of attorney-
general, nee
amendments,
Art. XV 11.

Militia officers,
how elected.
Limitation of
asfe struck out
by amend-
ments, Art. V.

How commis-
sioned.

Flection of
officers.

Major-soneralu,
liow appoinle.l
and L-onimis-
sioiied.

Vacancies, liow
filled, in case,
etc.

Officers duly
commis-sioned,
bow removed.
Superseded by
amendments.
An. IV.

Adjutants, etc.,
bow appointed.

Army ofllcers,
bow appointed.

Organization of

militia.

CONSTITUTION OF THE

Money, how
drawn from the
trc-:iflary, ex-
cept, etc.
]y Allen, 593.

All public
boards, etc., to
make quarterly
returns.

Salary of
governor.

Salaries of jus-
tices of supreme
iudicial court.

XI. No moneys shall be issued out of the treasury of
this commonwealth, and disposed of (except such sums as
may be appropriated for the redemption of bills of credit
or treasurer's notes, or for the payment of interest arising
thereon) but by warrant under the hand of the governor
for the time being, with the advice and consent of the
council, for the necessary defence and support of the com-
monwealth ; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.

XII. All public boards, the commissary-general, all
superintending officers of public magazines and stores,
belonging to this commonwealth, and all commanding
officers of forts and garrisons within the same, shall once
in every three months, officially, and without requisition,
and at other times, when required by the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
with their accoutrements, and of all other public property
whatever under their care respectively ; distinguishing the
quantity, number, quality and kind of each, as particu-
larly as may be ; together with the condition of such forts
and garrisons; and the said commanding officer shall ex-
hibit to the governor, when required by him, true and
exact plans of such forts, and of the land and sea or har-
bor or harbors, adjacent.

And the said boards, and all public officers, shall com-
municate to the governor, as soon as may be after receiving
the same, all letters, despatches, and intelligences of a
public nature, which shall be directed to them respectively.

XIII. As the public good requires that the governor
should not be under the undue influence of any of the
members of the general court by a dependence on them
for his sujDport, that he should in all cases act with free-
dom for the benefit of the public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honorable
stated salar}^ of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing laws :
and it shall be among the first acts of the general court,
after the commencement of this constitution, to establish
such salary by law accordingly.

Permanent and honorable salaries shall also be estab-
lished by law for the justices of the supreme judicial court.

COMMONWEALTH OF MASSACHUSETTS.

And if it shall be found that any of the salaries afore- Salaries to bo
said, so established, are insulHcient, they shall, from time hi'iufficienu

to time, be enlarged, as
projper.

the

general

court shall judge

CHAPTER n.

Section H.

Lieutenant- Governor.

Akticle L There shall be annually elected a lieuten-
ant-governor of the commonwealth of Massachusetts,
who^e title shall be — His Honor; and who shall be
qualified, in point of [religion,] property, and residence
in the commonwealth, in the same manner with the gov-
ernor ; and the day and manner of his election, and the
qualifications of the electors, shall be the same as are
required in the election of a governor. The return of
the votes for this officer, and the declaration of his election,
shall be in the same manner ; [and if no one person shall
be found to have a majority of all the votes returned, the
vacancy shall be filled by the senate and house of repre-
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]

II. The governor, and in his absence the lieutenant-
governor, shall be president of the council, but shall have
no vote in council ; and the lieutenant-governor shall
always be a member of the council, except when the chair
of the governor shall be vacant.

III. Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com-
monwealth, or otherwise, the lieutenant-governor, for the
time being, shall, during such vacancy, perform all the
duties incumbent upon the governor, and shall have and
exercise all the powers and authorities, which by this
constitution the governor is vested with, when personally
present.

Lieutenant-
governor; Ilia
title and qnalili-
cations. Tlio
requirement of
a declaration of
belief ill the
christian
religion was
abolished by
amendments,
Art. VU.

How chosen.

Election by
plurality pro-
vided for by
amendments,
Art. XIV.

Presidenl of
council.
Lieutenant-
governor a
member of,
C'xcei)t, etc.

Lieutenant-
governor to be
acting governor,
in case, etc.

CHAPTER II.
Section III.

Council, and the Planner of settling Elections hy the Legis-
lature.

Article I. There shall be a council for advising the council.
governor in the executive part of the government, to ^ouncmoM

CONSTITUTION OF THE

changed to

eight.

See aiuend-

inciits, Art.

XVI.

Number; from
whom, and how
chosen.
Modilied by
amendments,
Arts. X. and
XIll.

Superseded by
amendmentis,
Art. XVI.

If senators be-
come council-
lors, their t>eut8
to be vacated.

Hank of
couucillors.

Xo district to
liave more than
two.

licilister of
council.

Council to exer-
cise the power
of governor iu
case, etc.

Elections may
oe adjourned
UQtil, etc.

Order thereof.
Superseded by

consist of [nine] persons besides the lieutenant-governor,
whom the governor, for the time being, shall have full
power and authority, from time to time, at his discretion,
to assemble and call together ; and the governor, with the
said councillors, or five of them at least, shall and may,
from time to time, hold and keep a council, for the order-
ing and directing the affairs of the commonwealth, accord-
ing to the laws of the land.

II. [Nine councillors shall be annually chosen from
among the persons returned for councillors and senators,
on the last Wednesday in May, by the joint ballot of
the senators and representatives assembled in one room ;
and in case there shall not be found upon the first choice,
the whole number of nine persons who will accept a seat
in the council, the deficiency shall be made up by the
electors aforesaid from among the people at large ; and
the number of senators left shall constitute the senate
for the vear. The seats of the persons thus elected from
the senate, and accepting the trust, shall be vacated in the
senate.]

III. The councillors, in the civil arrangements of the
commonwealth, shall have rank next after the lieutenant-
governor.

IV. [Not more than two councillors shall be chosen
out of any one district of this commonwealth.]

Superseded by amendments. Art. XVI.

V. The resolutions and advic'e of the council shall be
recorded in a register, and signed by the members present ;
and this record may be called for at an}^ time by either
house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.

VI. Whenever the office of the governor and lieuten-
ant-governor shall be vacant, by reason of death, absence,
or otherwise, then the council, or the major part of them,
shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally, present.

VII. [And whereas the elections appointed to be made,
by this constitution, on the last Wednesday in ]\fay annu-
ally, by the two houses of the legislature, may not be
completed on that day, the said elections may be adjourned
from day to day until the same shall be completed. And
the order of elections shall be as follows : the vacancies in

COMMONWEALTH OF MASSACHUSETTS.

tlie senate, if any, shall first be filled up ; the governor nmendments,
and lieutenant-governor shall then be elected, provided ^'';^_^vi. and
there should be no choice of them by the people ; and
afterwards the two houses shall proceed to the election of
the council.]

CHAPTER II.

Section IV.

Secretary^ Treasurer^ Commissary^ etc.

Article I. [The secretary, treasurer, and receiver-
general, and the commissary -general, notaries public, and]
naval officers, shall be chosen annually, by joint ballot of
the senators and representatives in one room. And, that
the citizens of this commonwealth may be assured, from
time to time, that the moneys remaining in the public
treasury, upon the settlement and liquidation of the pub-
lic accounts, are their property, no man shall be eligible
as treasurer and receiver-general more than five years suc-
cessively.

For provision as to appointment of notaries public and the commissary-general, see
amcndmeuls, Art. IV.

II. The records of the commonwealth shall be kept in
the office of the secretary, who may appoint his deputies,
for whose conduct he shall be accountable ; and he shall
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.

Secretary, etc.,
by ■whom and
liow chosen.
For provision a»
to election of
secretary, treas-
urer, and re-
ceiver-general,
and auditor and
attorney-gen-
eral, sec amend-
ments, Art.

xvn.

Treasurer in-
eligible for more
than five suc-
cessive years.

Secretary to
keep rorords;
to attend the
governor and
council, etc.

CHAPTER III.

JUDICIARY POWER.

Article I. The tenure, that all commission oflfieers
shall by law have in their offices, shall be expressed in
their respective commissions. All judicial officers, duly
appointed, commissioned, and sworn, shall hold their offices
during good behavior, excepting such concerning whom
there is different provision made in this constitution :
provided, nevertheless, the governor, with consent of the
council, may remove them upon the address of both houses
of the legislature.

II. Each branch of the legislature, as well as the gov-
ernor and council, shall have authority to require the opin-
ions of the justices of the supreme judicial court, upon
important questions of law, and upon solemn occasions.

Tenure of all
commissioned
officers to be
expressed.
Judicial officers
to hold office
during good
behavior, ex-
cept, etc.
Uut may be
removed on
address.

JuBtices of su-
preme judicial
court 1o give
opinions when
required.
122 Mass. 600.
126 Mass. 557,
661.

CONSTITUTION OF THE

J list ices of the
prace; tenure
of their office.
S C'ubh. 584.

Pi ovisioiis for

hcltlir.g probate

courts.

12 Gray, 147.

Of marriage,
divorce, aud ali-
mony.
Other pro-
visions made
bv law.
lOJ Mass. 327.
116 Mass. 317.

III. In order that the people may not suffer from the
long contmuance in place of any justice of the peace who
shall fail of discharging the important duties of his office
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, tlie same may, if necessaiy, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed da3^s, as the convenience of the
people shall require ; and the legislature shall, from time
to time, hereafter, ai)point such times and places ; until
which appointments, the said coisrts shall be holden at the
times and places which the respective judges shall direct.

V. All causes of marriage, divorce, and alimony, and
all appeals from the judges of probate, shall be heard and
determined by the governor and council, until the legis-
lature shall, by law, make other provision.

Delegates to
congress.

CHAPTER IV.
DELEGATES TO CONGRESS.

The delegates of this commonwealth to the congress of
the United States, shall, some time in the month of June,
annually, be elected by the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one 3'ear, to commence on the first
Monday in November then next ensuing. They sliall
have commissions under -the hand of the governor, and
the great seal of the commonwealth ; but may be recalled
at any time within the year, and others chosen and com-
missioned, in the same manner, in their stead.

Harvard
College.

CHAPTER V.

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT
OF LITERATURE, ETC.

Section I.

The University.

Article I. Whereas our wise and pious ancestors, so
early as the year one thousand six hundred and thirty-six,

COMMONWEALTH OF MASSACHUSETTS.

laid the foundation of Harvard College, in which univer-
sity many persons of great eminence have, by the blessing
of God, been initiated in those arts and sciences which
qualified them for jiublic employments, both in church
and state; and whereas the encouragement of arts and
sciences, and all good literature, tends to the honor of
God, the advantage of the Christian religion, and the great
benefit of this and the other United States of America,
— it is declared, that the President and Fellows of
Harvard College, in their corporate capacit3^ and
tlieir successors in that capacity, their officers and ser-
vants, shall have, hold, use, exercise, and enjoy, all the
powers, authorities, rights, liberties, privileges, immunities,
and franchises, which they now have, or are entitled to
have, hold, use, exercise, and enjoy ; and the same are
hereby ratified and confirmed unto them, the said presi-
dent and fellows of Harvard College, and to their suc-
cessors, and to their officers and servants, respectively,
forever.

H. And whereas there have been at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies, and conveyances, hereto-
fore made, either to Harvard College in Cambridge, in
New England, or to the president and fellows of Harvard
College, or to the said college by some other description,
under several charters, successively ; it is declared, that
all the said gifts, grants, devises, legacies, and convey-
ances, are hereby forever confirmed unto the president
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.

IH. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and forty-two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, consti-
tuted the overseers of Harvard College ; and it being
necessary, in this new constitution of government to
ascertain who shall be deemed successors to the said gov-
ernor, deputy-governor, and magistrates ; it is declared,
that the governor, lieutenant-governor, council, and senate
of this commonwealth, are, and shall be deemed, their
successors, who, with the president of Harvard College,
for the time being, together with the ministers of the con-

Po\V(T8, piivi

k'lft's, I'U'.., of
the! [iicsiileiit
and follows,
conlinuud.

All gifts, grants,
etc., coulirmed.

Who shall be

oveiscers.

See Statutes,
1851, -224.
18.32, 27.
18.59, 212.
1865, 17-3,
1880, 65.

CONSTITUTION OF THE

Power of altera-
tion reserved to
the legislature.

Duty of legisla-
tures and magis-
trates in all
future periods.
For further pro-
visions as to
public schools,
see amend-
ments, Art.
XVIII.
12 Allen, 50O-
603.
103 Mass. 94, 97.

gregational churches in the towns of Cambridge, Water-
town, Charlestown, Boston, Roxbuiy, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College;
provided, that nothing herein shall be construed to pre-
vent the legislature of this commonwealth from making
such alterations in the government of the said university,
as shall be conducive to its advantage, and the interest
of the republic of letters, in as full a manner as might
have been done by the legislature of the late Province of
the Massachusetts Bay.

CHAPTER V.

Section II.

The Encouragement of Literature^ etc.

Wisdom and knowledge, as well as virtue, diffused gen-
erally among the body of the people, being necessary for
the preservation of their rights and liberties ; and as these
depend on spreading the opportunities and advantages of
education in the various parts of the country, and among
the different orders of the people, it shall be the duty of
legislatures and magistrates, in all future periods of this
commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them ; especially the
university at Cambridge, public schools and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agriculture, arts, sciences, commerce, trades,
manufactures, and a natural history of the country; to
countenance and inculcate tlie principles of humanity and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

Oatbt, eto.

CHAPTER VI.

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND
EXCLUSION FROM OFFICES; PECUNIARY QUALIFICA-
TIONS ; COMMISSIONS ; WRITS ; CONFIRMATION OF LAWS ;
HABEAS CORPUS; THE ENACTING STYLE; CONTINU-
ANCE OF OFFICERS; PROVISION FOR A FUTURE REVISAL
OF THE CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant-
governor, councillor, senator, or representative, and accept-

COMMONWEALTH OF MASSACHUSETTS. 29

ing the trust, shall, before he proceed to execute the duties
of his place or office, make and subscribe the following
declaration, viz. :

" I, A. B., do declare, that I believe the Christian reli- Abolished, see
gion, and have a firm persuasion of its truth ; and that I Art.' v'n!" **
am seised and possessed, in my own right, of the property
required by the constitution, as one qualification for the
office or place to which I am elected."

And the governor, lieutenant-governor, and councillors,
shall make and subscribe the said declaration, in the pres-
ence of the two houses of assembly ; and the senators and
representatives, first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being.]

And every person chosen to either of the places or Declaration and

/V-. J, "^ .\ 1 • J. -\ • oaths of all

offices aforesaid, as also any person appointed or commis- ouicers.
sioned to any judicial, executive, military, or other office
under the government, shall, before he enters on the dis-
charge of the business of his place or office, take and sub-
scribe the following declaration, and oaths or affirmations,
viz. :

["I, A. B., do truly and sincerely acknowledge, profess, For now oath
testify, and declare, that the Commonwealth of Massachu- sccTam^'iuK'^'
setts is, and of right ought to be, a free, sovereign, and '^'^^^^' ^^^- ^^
independent state ; and I do swear, that I will bear true
faith and allegiance to the said common wealtli, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be), and every other foreign power whatsoever ; and that no
foreign prince, person, prelate, state, or potentate, hath, or
ought to have, any jurisdiction, superiority, pre-eminence,
authority, dispensing or other power, in any matter, civil,
ecclesiastical, or spiritual, within this commonwealth, ex-
cept the authority and poAver which is or may be rested
by their constituents in the congress of the United States:
and I do further testify and declare, that no man or body
of men hath or can have any right to absolve or discharge
me from the obligation of this oath, declaration, or affir-
mation ; and that I do make this acknowledgment, pro-
fession, testimony, declaration, denial, renunciation, and
abjuration, heartily and truly, according to the common
meaning and acceptation of the foregoing words, without
any equivocation, mental evasion, or secret reservation
whatsoever. So help me, God."]

CONSTITUTION OF THE

Oalb of office.

Proviso.
See amend-
ments, .(irt. VI.

Oaths and
affirmations,
bow adminis-
tered.

Plurality of
offices prohibit-
ed to governor,
etc., except, etc.
See amend-
ments. Art.
VUI.

Same eubjcct.
1 Allen, 553.

Incompatible

offices.

For further pro-

"I, A. B., do solemnly swear and affirm, that I will
faithfully and impartially discharge and perform all the
duties incumbent on me as , according* to

the best of my abilities and understanding, agreeably to
the rules and regulations of the constitution and the laws
of the commonwealth. So help me, GoD."

Provided, always, that when any j)erson chosen or ap-
pointed as aforesaid, shall be of the denomination of the
people called Quakers, and shall decline taking the said
oath[s], he shall make his affirmation in the foregoing
form, and subscribe the same, omitting the words, I'-'' I do
swear,''' " and abjure,"" " oath or,'' " and abjuration," in the
first oath ; and in the second oath, the words] " swear
and," and [in each of them] the words " So help me,
God ; " subjoining instead thereof, " This I do under the
pains and penalties of ijerjury."

And the said oaths or affirmations shall be taken and
subscribed by the governor, lieutenant-governor, and coun-
cillors, before the president of the senate, in the presence
of the two houses of assembly ; and by the senators and
representatives first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being ; and by the residue of the
officers aforesaid, before such persons and in such manner
as from tim« to time shall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the
supreme judicial court, shall hold any other office or place,
under the authority of this conmionwealth, except such as
by this constitution they are admitted to hold, saving that
the judges of the said court may hold the offices of justices
of tlie peace through the state ; nor shall they hold any
other place or office, or receive any pension or salary from
au}^ other state or government or power whatever.

No person shall be capable of holding or exercising at
the same time, within this state, more than one of the
following offices, viz. : judge of probate — sheriff — regis-
ter of probate — or register of deeds; and never more
than any two offices, which are to be held by appointment
of the governor, or the governor and council, or the senate,
or the house of representatives, or by the election of the
people of the state at large, or of the people of any county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No person holding the office of judge of the supreme
judicial court — secretary — attorney-general — solicitor'

COMMONWEALTPI OF MASSACHUSETTS. 31

general — treasurer or receiver-fj^eneral — iudcje of probate visions as to

t> . ,r •!. i-'xi incompatible

— commissary-general — [president, proiessor, or instruct- offices, see
or of Harvard College] —sheriff— clerk of the house of Trvni?'''
representatives — register of probate — register of deeds ^^'|^j''(5o,°J^*'"*

— clerk of the supreme judicial court — clerk of the infe- excepted by
rior court of common pleas — or officer of the customs, A^rxxvii.'
including in this description naval officers — shall at the

same time have a seat in the senate or house of represen-
tatives ; but their being chosen or appointed to, and accept-
ing the same, shall operate as a resignation of their seat in
the senate or house of representatives ; and the place so
vacated shall be filled up.

And the same rule shall take place in case any judge of incompatible
the said supreme judicial court, or judge of probate, shall
accept a seat in council ; or any councillor shall accept of
either of those offices or places.

And no person shall ever be admitted to hold a seat in Bribery, etc.,
the legislature, or any office of trust or importance under ^^^^^ ' ^'
the government of this commonwealth, who shall, in the
due course of law, have been convicted of bribery or
corruption in obtaining an election or appointment.

IH. In all cases where sums of money are mentioned Vaiue of money
in this constitution, the value thereof shall be computed
in silver, at six shillings and eight pence per ounce; and Property quau-
it shall be in the power of the legislature, from time to be'Tnorca^ed^
time, to increase such qualifications, as to property, of the niMtsrArt.
persons to be elected to offices, as the circumstances of xin-
the commonwealth shall require.

IV. All commissions shall be in the name of the Provisions
Commonwealth of Massachusetts, signed by the governor commfsslons.
and attested by the secretary or his deputy, and have the

great seal of the commonwealth affixed thereto.

V. All writs, issuing out of the clerk's office in any of Provisions re-
the courts of law, shall be in the name of the Common- l^'pfck'M^." ^*
wealth of Massachusetts ; they shall be under the seal of i3^''rayf74,
the court from whence they issue ; they shall bear test of

the first justice of the court to which they shall be returna-
ble, wdio is not a party, and be signed by the clerk of such
court.

VI. All the laws which Iiave heretofore been adopted, continuation of
used, and approved in the Province, Colony, or State of ex'c'^^pt, et^.*'
Massachusetts Bay, and usually practised on in the courts 2 Mass', nsi.
of law, shall still remain and be in full force, until altered ?,5^p?H: ■\'^I^7' ^,\^c
or repealed by the legislature; such parts only excepted 2Met. iis. '
as are repugnant to the rights and liberties contained in

this constitution.

CONSTITUTION OF THE

Benefit of
habeas corpus
^L■cured, except,
etc.

The enacting
style.

Officers of
former govern-
ment continued
until, etc.

Provision for
revising con-
stitution.
For existing
provision as to
amendments,
see amend-
ments. Art. LX.

Provision for
revising con-
stitution.

VII. The privilege and benefit of the writ of Iiabeas
corpus shall he enjoyed in this commonwealth, in the most
free, easy, cheap, expeditious, and ample manner ; and
shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding twelve months.

VIII. The enacting style, in making and passing all
acts, statutes, and laws, shall be — " Be it enacted by the
Senate and House of Representatives, in General Court
assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or
danger arise to the commonwealth from a change of the
form of government, all officers, civil and military, liold-
ing commissions under the government and people of
Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con-
stitution shall take effect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead ; and all courts of law shall proceed in the
execution of the business of their respective departments ;
and all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjoyment and
exercise of all their trusts, employments, and authority ;
until the general court, and the supreme and executive
officers under this constitution, are designated and in-
vested with their respective trusts, powers, and authority.

X. [In order the more effectually to adhere to the
principles of the constitution, and to correct those viola-
tions which by any means may be made therein, as well
as to form such alterations as from experience shall be
found necessary, the general court which .shall be in the
year of our Lord one thousand seven hundred and ninety-
five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorporated planta-
tions, directing them to convene the qualified voters of
their respective towns and plantations, for the purpose of
collecting their sentiments on the necessity or expediency
of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two-
thirds of the qualified voters throughout the state, who
shall assemble and vote in consequence of the said pre-
cepts, are in favor of such revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
aforesaid.

COMMONWEALTH OF MASSACHUSETTS.

The said delegates to be chosen in the same manner
and proportion as their representatives in the second
branch of the legishiture are by this constitution to be
chosen.]

XL This form of government shall be enrolled on Provision for
parchment, and deposited in the secretary's oflBce, and be puiTasLing "wi
a part of the laws of the land ; and printed copies thereof constitution,
shall be prefixed to the book containing the laws of this
commonwealth, in all future editions of the said laws.

ARTICLES OF AMENDMENT.

General court
empowered to
charter cities.
1:^2 Mass. 354.

Article L If any bill or resolve shall be objected to, Bin, etc., not
and not approved by the governor; and if the general fi?ud°ijvsnoi'[o
court shall adjourn Avithin five days after the same shall I'nJlTs'iaturr'
have been laid before the governor for his approbation, a'ljouin m the
and tliereby prevent his returning it with his objections, s Ma"s."667.
as provided by the constitution, such bill or resolve shall f.'^li'^ Trt'iL
not become a law, nor have force as such.

Art. n. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, ])rivilcges, and immunities, not repugnant to the
constitution, as the general court shall deem necessary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of officers under the constitution, and the
manner of returning the votes given at such meetings.
Provided, that no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal or
city government, shall be subject, at all times, to be an-
nulled by the general court.

Art. in. Every male citizen of twenty-one years of Qualifications o(
age and upwards, excepting paupers and persons under cnio"ii°uton!'
guardiansliip, who shall have resided within the common- ""nalorHand'
wealth one year, and within the town or district m which represent:aivo8.

•^ ' 11 Pick. 638, 640

Proviso.

112 Mass. 200.

CONSTITUTION OF THE

14 Pick. 341.
14 Mass. 367.
5 Met. 162, 298,
591, 694.
7 Gray, 299.
122 Mass. 595,
597.

124 Mass. 596.
For educational
qualification,
Bee amend-
ments. Art. XX.
For provision as
to those who
have served in
ibe army or
navy in time of
war, see amend-
ments. Art.
XXVIU.

Notaries public,
how appointed
and removed.

Vacancies in the

oflBces of necre-
tary and treas-
urer, how filled.
This clause
superseded by
amendments.
Art. XVn.

Commissary-
general may be
appointed, in
case, etc.

Militia officers,
how removed.

WTio may vote
for captains and
subalterns.

Oath to be taken
by all officers.
See Const.,
Ch. VI. Art. I.

he may claim a right to vote, six calendar months next
preceding any election of governor, lieutenant-governor,
senators, or representatives, and who shall have paid, by
himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding
such election, have been assessed upon him, in any town
or district of this commonwealth; and also every citizen
who shall be, by law, exempted from taxation, and who
shall be, in all other respects, qualified as above mentioned,
shall have a right to vote in such election of governor,
lieutenant-governor, senators, and representatives ; and no
other person shall be entitled to vote in such elections.

See also amendments. Art. XXHI., which was annulled by amendments. Art. XXVI.

Art. IV. Notaries public shall be appointed by the
governor in the same manner as judicial officers are ap-
pointed, and shall hold their offices during seven years,
unless sooner removed by the governor, with the consent
of the council, upon the address of both houses of the
legislature.

[In case the office of secretary or treasurer of the com-
monwealth shall become vacant from any cause, during
the recess of the general court, the governor, with the
advice and consent of the council, shall nominate and
appoint, under such regulations as may be prescribed by
law, a competent and suitable person to such vacant office,
who shall hold the same until a successor shall be appointed
by the general court. 1

Whenever the exigencies of the commonwealth shall
require the appointment of a commissary-general, he shall
be nominated, appointed, and commissioned, in such man-
ner as the legislature may, by law, prescribe.

All officers commissioned to command in the militia
may be removed from office in such manner as the legis-
lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns
of the militia, all the members of their respective compa-
nies, as well those under as those above the age of twenty-
one years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed
by the constitution, the following oath shall be taken and
subscribed by every person chosen or appointed to any
office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit : —

"T A. R. do solemnly swear, that I will bear true faith

COMMONWEALTH OF MASSACHUSETTS. 35

and allegiance to the Commonwealth of Massachusetts, and
will support the constitution thereof. So help me, God."

Provided, That when any person shall be of the denomi- Proviso. Qua-
nation called Quakers, and shall decline taking said oath, '^""""y" '"*•
he shall make his affirmation in the foregoing form, omit-
ting the word " swear " and inserting, instead thereof, the
word " affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, '-'• This I do
under the pains and penalties of perjury."

Art. VII. No oath, declaration, or subscription, except- Tests abolished,
ing the oath prescribed in the preceding article, and the
oath of office, shall be required of the governor, lieutenant-
governor, councillors, senators, or representatives, to quali-
fy them to perform the dtities of their respective offices.

Art. VIII. No judge of any court of this common- incompatibility
wealth, (except the court of sessions,) and no person 122'Mass.' 445,
holding any office under the authority of the United i23'Ma88. 53!i.
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governor, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth ; and no judge of any court in
this commonwealth, (except the court of sessions,) nor
the attorney-general, solicitor-general, county attorney,
clerk of any court, sheriff, treasurer, and receiver-general,
register of probate, nor register of deeds, shall continue
to hold his said office after being elected a member of the
Congress of the United States, and accepting that trust;
but the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office ; and judges of the courts of common pleas
shall hold no other office under the government of this
commonwealth, the office of justice of the peace and mili-
tia offices excepted.

Art. IX. If, at any time hereafter, any specific and Amendments to
particular amendment or amendments to the constitution how made. '
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thirds of the members of
the house of representatives present and voting thereon,
such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the

CONSTITUTION OF THE

senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
amendment or amendments to the people ; and if they
shall be approved and ratified by a majority of the quali-
fied voters, voting thereon, at meetings legally warned and
holden for that purpose, they shall become part of the
constitution of this commonwealth.

Commencement
of political year,

andtermlDation.

Meetings for the
choice of gov-
ernor, lieuten-
ant-governor,
etc., when to be
held.

This clause
("upersi'ilcd by
amendraenle,
Art. XV.

Article, when to
go into opera-
tion.

Art. X. The political year shall begin on the first
Wednesday of January, instead of the last Wednesday of
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be
dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or when called together by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold their respective offices for one year
next following the first Wednesday of January, and until
others are chosen and qualified in their stead.

[The meeting for the choice of governor, lieutenant-
governor, senators, and representatives, shall be held on
the second Monday of November in every year ; but meet-
ings may be adjourned, if necessary, for the choice of
representatives, to the next day, and again to the next
succeeding day, but no further. But in case a second
meeting shall be necessary for the choice of representa-
tives, sucli meetings shall be held on the fourth Monday
of the same month of November.]

All the other provisions of the constitution, respecting
the elections and proceedings of the members of the gen-
eral court, or of any other officers or persons whatever, that
have reference to the last Wednesday of INIay, as the com-
mencement of the political 3'ear, shall be so far altered, as
to have like reference to the first Wednesday of January.

This article shall go into operation on the first day of
October, next following the day when the same shall be
duly ratified and adopted as an amendment of the consti-
tution ; and the governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who

COMMONWEALTH OF MASSACHUSETTS. 37

are annually chosen, and who shall be chosen for the cur-
rent year, when the same shall go into operation, shall
hold their respective offices until the first Wednesday of
January then next following, and until others are chosen
and qualified in their stead, and no longer; and the first
election of the governor, lieutenant-governor, senators, and
representatives, to be had in virtue of this article, shall
be had conformably thereunto, in the month of November
following the day on which the same shall be in force, and
go into operation, pursuant to the foregoing provision.

All the provisions of the existing constitution, incon- inconeigtent
sistent with the provisions herein contained, are hereby ^nnufit^J**
wholly annulled.

Art. XI. Instead of the third article of the bill of Religious
rights, the following modification and amendment thereof estlbii^ed.
is substituted:— giJ^sTil

"As the public worship of God and instructions in ™-
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held '

to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society ; and all religious sects and denomi- i22MMi.4o. «-
nations, demeaning themselves peaceably, and as good citi-
zens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."

Art. XII. [In order to provide for a representation census of rata-

of the citizens of this commonwealth, founded upon the J'iki'n Slf isst^

principles of equality, a census of the ratable polls, in each fhereafte?"'""^

city, town, and district of the commonwealth, on the first This anicie wm

day of May, shall be taken and returned into the secre- imen"metfts^/

tary's office, in such manner as the legislature shall pro- wWch'wMaigp

vide, within the month of May, in the year of our Lord "upeweded by

CONSTITUTION OF THE

araendments,
Art. XXI.
Representa-
tives, how
apportioned.

Towns having
less than 300
ratable polls,
how represent-
ed

Fractions, how
represented.

Towns may
unite into repre-
sentative dis-
tricts.

The governor
and council to
determine the
number of rep-
resentatives to
which each
town is entitled.

New apportion-
ment to be made
once in every
ten years.

one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of May, in manner
aforesaid ; and each town or city having three hundred rata-
ble polls at the last preceding decennial census of polls,
may elect one representative, and for every four hundred
and fifty ratable polls in addition to the first three hun-
dred, one representative more.

Any town having less than three hundred ratable polls
shall be represented thus : The whole number of ratable
polls, at the last preceding decennial census of polls, shall
be multiplied by ten, and the product divided by three
hundred ; and such town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.

Any city or town having ratable polls enough to elect
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus number, by multiplying such surplus number
by ten and dividing the product by four hundred and fifty;
and such city or town may elect one additional represen-
tative as many years, within the ten years, as four hundred
and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts
may, by consent of a majority of the legal voters present
at a legal meeting, in each of said towns and districts,
respectively, called for that purpose, and held previous to
the first day of July, in the year in which the decennial
census of polls shall be taken, form themselves into a rep-
resentative district to continue until the next decennial
census of polls, for the election of a representative, or rep-
resentatives ; and such district shall have all the rights, in
regard to representation, which would belong to a town
containing the same number of ratable polls.

The governor and council shall ascertain and determine,
within the months of July and August, in the year of our
Lord one thousand eight hundred and thirtj^-seven, accord-'
ing to the foregoing principles, the number of representa-
tives, which each city, town, and representative district is
entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same shall be done once in ten
years, thereafter, by the governor and council, and the

COMMONWEALTH OF MASSACHUSETTS.

number of ratable polls in each decennial census of polls,
shall determine the number of representatives, which each
city, town and representative district may elect as afore-
said ; and when the number of representatives to be elected
by each city, town, or representative district is ascertained
and determined as aforesaid, the governor shall cause the
same to be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the period of ten years.

All the provisions of the existing constitution incon-
sistent with the provisions herein contained, are hereby
wholly annulled.]

Inconsistent

provisions

annulled.

Art. Xni. [A census of the inhabitants of each city
and town, on the first day of May, shall be taken, and
returned into the secretary's office, on or before the last
day of June, of the year one thousand eight hundred and
forty, and of every tenth year thereafter ; which census
shall determine the apportionment of senators and repre-
sentatives for the term of ten years. 122 Mass. 595.

The several senatorial districts now existing shall be
permanent. The senate shall consist of forty members ;
and in the year one thousand eight hundred and forty,
and every tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.

The members of the house of representatives shall be
apportioned in the following manner : Every town or city
containing twelve hundred inhabitants may elect one rep-
resentative ; and two thousand four hundred inhabitants
shall be the mean increasing number, which shall entitle
it to an additional representative.

Every town containing less than twelve hundred inhab-
itants shall be entitled to elect a representative as many
times within ten years as the number one hundred and
sixty is contained in the number of tlie inhabitants of said
town. Such towns may also elect one representative for
the year in which the valuation of estates within the com-
monwealth shall be settled.

Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every

Census of inhab-
itants to betalien
in 1840, and de-
cennially there-
after, for basis
of representa-
tion.

Provisions as to
census super-
seded by amend-
ments, Arts.
XXI. and XXU.
Senatorial dis-
tricts declared
permanent.
Provisions as to
senators super-
seded by amend-
ments, Art.
XXII.

House of repre-
sentatives, how
apportioned.
I'ruvisiotis as to
representatives
superseded by
amendments.
Art. XXI.

Small towns,
how repre-
sented.

Towns may
unite into repr».
sentatlve dis-
tricts.

CONSTITUTION OF THE

Basis of repre-
•entation, and
ratio of increase.

tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years ; and
such district shall have all the rights, in regard to repre-
sentation, which would belong to a town containing the
same number of inhabitants.

The number of inhabitants which shall entitle a town
to elect one representative, and the mean increasing num-
ber which shall entitle a town or city to elect more than
one, and also tlie number by which the population of towns
not entitled to a representative every year is to be divided,
shall be increased, respectively, by one-tenth of the num-
bers above mentioned, whenever the population of the
commonwealth shall have increased to seven hundred and
seventy thousand, and for every additional increase of
seventy thousand inhabitants, the same addition of one-
tenth shall be made, respectively, to the said numbers
above mentioned.

In the year of each decennial census, the governor and
council shall, before the first day of September, apportion
the number of representatives which each city, town, and
representative district is entitled to elect, and ascertain
how many years, within ten years, any town may elect a
representative, which is not entitled to elect one every
year
lished forthwith.

Nine councillors shall be annually chosen from among
the people at large, on the first Wednesday of January,
or as soon thereafter as may be, by the joint ballot of the
senators and representatives, assembled in one room, who
shall, as soon as may be, in like manner, fill up any vacan-
cies that may happen in the council, by death, resignation,
or otherwise. No person shall be elected a councillor, who
has not been an inhabitant of this commonwealth for the
term of five years immediately preceding his election;
and not more than one councillor shall be chosen from
any one senatorial district in the commonwealth.]

No possession of a freehold, or of any other estate, shall
be required as a qualification for holding a seat in either
branch of the general court, or in the executive council.

Elections by the Aet. XIV. In all elections of civil officers by the peo-
pfu^iutyo/''^ pie of this commonwealth, whose election is provided for
votes. ]jj lY^Q constitution, the person having the highest number

of votes shall be deemed and declared to be elected.

Time of annual Ae,t. XV. The meeting for the choice of governor,
ernor°and if grs- lieutenant-govcrnor, senators, and representatives, shall

Ukure.

The g^)vemor
and council to
apportion the
number of rep.
resentatives of
each town once
In every ten
years.

Councillors to
be chosen from
the people at
large.

Provisions as to
councillors
superseded by
amendmeuts,
Art. XVI.

Qualifications of
counciUors.

Freehold as a
qualification for
a seat in general
court or council
not required.

and the governor shall cause the same to be pub-

COMMONWEALTH OF MASSACHUSETTS.

be held on the Tuesday next after the first Monday in
Novembei", annually ; but in case of a failure to elect repre-
sentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.

Aet. XVI. Eight councillors shall be annually chosen
by the inhabitants of this commonwealth, qualified to vote
for governor. The election of councillors shall be deter-
mined by the same rule that is required in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first ses-
sion after the next state census shall have been taken,
and at its first session after each decennial state census
thereafterwards, shall divide the commonwealth into eight
districts of contiguous territory, each containing a number
of inhabitants as nearly equal as practicable, without divid-
ing any town or ward of a city, and each entitled to elect
one councillor : provided^ however, that if, at any time, the
constitution shall provide for the division of the common-
wealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legisla-
ture. No person shall be eligible to the office of council-
lor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
tion. The day and manner of the election, the return of
the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
[Whenever there shall be a failure to elect the full num-
ber of councillors, the vacancies shall be filled in the same
manner as is required for filling vacancies in the senate ;
and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
be, after such vacancies shall have happened.] And that
there may be no delay in the organization of the govern-
ment on the first Wednesday of January, the governor,
with at least five councillors for the time being, shall, as
soon as may be, examine the returned coj:)ies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first Wednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingly ; and the secretary shall lay the returns before
the senate and house of representatives on the said first

Eight council-
lors to bo chcisen
by the people.
122 Mass. 695,

Legislature to
district state.

Eligibility
defined.

Day and manner
of election, etc.

Vacancies, bow
filled.

For new pro-
vision as to
vacancies, see
amendments,
XXV.

Organization of
the governnioiit.

CONSTITUTION OF THE

Election of
oecretary, treas-
vrer, auditoi-,
and attorney-
general by the
people.

Vacancies, how
filled.

'I'o qualify witli-
in ten days,
otherwise office
to be deemed
vacant.

Qualification
requisite.

School moneys
not to be ap-
plied for secta-

Wednesday in January, to be by them examined ; and in
case of the election of either of said officers, the choice
shall be by them declared and published ; but in case there
shall be no election of either of said officers, the legisla-
ture sliall proceed to fill such vacancies in the manner pro-
vided in the constitution for the choice of such officers.

Art. XYII. Tlie secretary, treasurer and receiver-
general, auditor, and attorney-general, shall be chosen
annually, on the day in November i^rescribed for the
choice of governor ; and each person then chosen as such,
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesday in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of governor. In case of a failure to elect
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in Januar}'^ next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room ;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, daring an annual or special session
of the general court, such vacancy shall in like manner
be filled by choice from the peoj)le at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his office until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the
offices aforesaid, shall neglect, for the space of ten days
after he could otherwise enter upon his duties, to qualify
himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or apj)ointed
shall be deemed vacant. No person shall be eligible to
either of said offices unless he shall have been an inhabit-
ant of this commonwealth five years next preceding his
election or appointment.

Art. XVIII. All moneys raised by taxation in the
towns and cities for the support of public schools, and

COMMONWEALTH OF MASSACHUSETTS.

all moneys which may be appropriated by the state for
the support of common schools, shall be applied to, and
expended in, no other schools than those which are con-
ducted according to law, under the order and superintend-
ence of the autliorities of the town or city in which the
money is to be expended; and such moneys shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.

Art. XIX. The legislature shall prescribe, by general
law, for the election of sheriffs, registers of probate, com-
missioners of insolvency, and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen by the people of the several districts, for
such term of office as the legislature shall prescribe.

Art. XX. No person shall have the right to vote, or
be eligible to office under the constitution of this common-
wealth, who shall not be able to read the constitution in
the" English language, and write his name: provided, Jiotc-
ever, that the provisions of this amendment shall not apply
to au}^ person prevented by a physical disability from com-
plying with its requisitions, nor to any person who now
has the right to vote, nor to any persons who shall be
sixty years of age or upwards at the time this amendment
shall take effect.

Art. XXL A census of the legal voters of each city
and town, on the first day of INIay, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. Li the census aforesaid, a special enumer-
ation shall be made of the legal voters ; and in each city,
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment
of representatives for the periods between the taking of
the census.

The house of representatives shall consist of two liun-
dred and fort}^ members, which shall be apportioned hy
the legislature, at its first session after the return of each
enumeration as aforesaid, to the several counties of the
commonwealth, equally, as nearly as may be, according
to their relative numbers of legal voters, as ascertained

rian bcIiooIs.
For original
provision us to

schools, 800

constitulion,
Part First, Art.

ni.

1-J Allen, 500,

508.

103 Mass. 94, 96.

Lcffislatlire to
proscribe lor
the election of
shcrills, rogis-
tors of probate,
etc., by the
people.
S Gray, 1.
la Urav, 74.
no Mass. 172,
173.

117 Mass. 602,
603.

121 Mass. 65.
Reading consti-
tutioninEnglibh
and writing,
necessary quall-
tioations of
voters.
Provi.'JO.

For other quali-
fications, see
amendments,
Art. III.
See also amend-
ments, Art.
XXin., which
was annulled by
amendments.
Art. XXVI.

Census of legal
voters and of
inhabitants,
when taken, etc.
See P. 8. c. 31.

House of repre.
ecntatives to
consist of 240
members.
Legislature to
apportion, etc.
10 Gray, 613.

CONSTITUTION OF THE

Secretary shall
certify to officers
authorized to
divide counties.

Meeting for
division to be
first Tuesday
in August.
Proceedings.

Qualifications of
representatives.
122 Mass. 595,
698.

Districts to be
numbered,
described and
certified.

One hundred
members a
quorum.

by the next preceding special enumeration ; and the town
of Cohasset, in the county of Norfolk, shall, for this pur-
pose, as well as in the formation of districts, as hereinafter
provided, be considered a part of the county of Plymouth;
and it shall be the duty of the secretary of the common-
wealth, to certify, as soon as may be after it is determined
by the legislature, the number of representatives to which
each county shall be entitled, to the board authorized to
divide each county into representative districts. The
mayor and aldermen of the city of Boston, the county
commissioners of other counties than Suffolk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suffolk,
such board of special commissioners in each county, to
be elected by the people of the county, or of the towns
therein, as may for that purpose be provided by law, —
shall, on the first Tuesday of August next after each
assignment of representatives to each count}^ assemble at
a shire town of their respective counties, and proceed, as
soon as may be, to divide the same into representative
districts of contiguous territory, so as to apportion the
representation assigned to each county equally, as nearly
as may be, according to the relative number of legal voters
in the several districts of each county ; and such districts
shall be so formed that no town or ward of a city shall
be divided therefor, nor shall any district be made which
shall be entitled to elect more than three representatives.
Every representative, for one year at least next preceding
his election, shall have been an inhabitant of the district
for which he is chosen, and shall cease to represent such
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be
numbered by the board creating the same, and a descrip-
tion of each, with the numbers thereof and the number of
legal voters therein, shall be returned by the board, to the
secretary of the commonwealth, the county treasurer of
each county, and to the clerk of every town in each dis-
trict, to be filed and kept in their respective ofiices. The
manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their elec-
tion, shall be prescribed by law. Not less than one
hundred members of the house of representatives shall
constitute a quorum for doing business ; but a less num-
ber may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.

COMMONWEALTH OF MASSACHUSETTS.

Census, etc.
See P. 8. c. 31.

Art. XXII. A census of the legal voters of each city
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enu-
meration shall be made of the legal voters, and in each
city said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such city.
The enumeration aforesaid sliall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate shall consist of forty members. The
general court shall, at its first session after each next pre-
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain,
as nearly as may be, an equal number of legal voters, ac-
cording to the enumeration aforesaid : provided, however^
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as may be,
without uniting two counties, or parts of two or more
counties, into one district. Each district shall elect one
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen ; and he shall
cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.

Art. XXIII. [No person of foreign birth shall be en- Residence of
titled to vote, or shall be eligible to office, unless he shall qurrJdofVatu-
have resided within the jurisdiction of the United States Jo'emftio'to suf'
for two years subsequent to his naturalization, and shall '"'i'f.'? °'' '"■''^^
be otherwise qualified, according to the constitution and Thlsanicie
laws of this commonwealth : provided^ that this amend- """"xxvf
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not affect the riglits of any
child of a citizen of the United States, born durmg the
temporary absence of the parent therefrom.]

Abt. XXIV. Any vacancy in the senate shall be filled Vacancies in the

Voters to be
basis of appor-
tionment of
senators.

Senate to consist
of forty mem-
bers.

Senatorial
districts, etc.

See amend-
ments, Art.
XXIV.

Qualifications
of senators.

Bisteen mem-
bers a quorum.

CONSTITUTION OF THE

by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.

Vacancies In the Art. XXV. In casc of a vacaucy in the council, from
councu. ^ failure of election, or other cause, the senate and house

of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the
same by appointment of some eligible person.

Twenty-third Art. XXVI. The twcnty-third article of the articles

mentB annuued! of amendment of tlie constitution of this commonwealth,
which is as follows, to wit : " No person of foreign birth
shall be entitled to vote, or shall be eligible to office, unless
he shall have resided within the jurisdiction of the United
States for two j'ears subsequent to his naturalization, and
shall be otherwise qualified, according to the constitution
and laws of this commonwealth: provided, that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom," is hereby
wholly annulled.

Art. XXVII. So much of article tAvo of chapter six
of the constitution of this commonwealth as relates to
persons holding the office of president, professor, or instruct-
or of Harvard College, is hereby annulled.

Art. XXVIII. No person having served in the army
or navy of the United States in time of war, and having
been honorably discharged from such service, if otherwise
qualified to vote, shall be disqualified therefor on account
of being a pauper; or, if a pauper, because of the non-
payment of a poll-tax.

OflScers of
Harvard College
may be elected
members of
general court.

Persons having
served in the
U. 8. army or
navy, etc., not
to be disquali-
fied from voting,
etc.

COMMONWEALTH OF MASSACHUSETTS. 47

The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to the
second day of IMarch, 1780, when the convention adjourned to meet
on the first Wednesday of the ensuing June. In the mean time the
constitution was submitted to the people, to be adopted by them,
provided two-thirds of the votes given should be in t^je affirmative.
When the convention assembled, it was found that the constitution
had been adopted by the requisite number of votes, and the conven-
tion accordingly Resolved, "That the said Constitution or Frame of
Government shall take place on the la'st Wednesday of October next ;
and not before, for any purpose, save only for that of making elections,
agreeable to this resolution." The first legislature assembled at Tos-
ton, on the twenty-fifth day of October, 17S0.

The first nine Articles of Amendment were submitted, by delegates
in convention assembled, November 15, 1820, to the people, and by
them ratified and adopted, April 9, 1821.

The tenth Article was adopted by the legislatures of the political
years 1829-30, and 1830-31, respectively, and was approved and rati-
fied by the people May 11, 1831.

The eleventh Article was adopted by the legislatures of the politi-
cal years 1832 and 1833, respectively, and was approved and ratified
by the people November 11, 1833.

The twelfth Article was adopted by the legislatures of the political
years 1835 and 183G, respectively, and was approved and ratified by
the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the polit-
ical years 1839 and 1840, respectively, and was approved and ratified
by the people the sixth day of April, 1840.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and
nineteenth Articles were adopted by the legislatui'es of the political
years IS.*^*- and 1855, respectively, and ratified by the people the
twenty-tnu'd day of May, 1855.

The twentieth, twenty-first, and twenty-second Articles were
adopted by the legislatures of the political years 1856 and 1857.
respectively, and ratified by the people on the first day of May, 1857.

The twenty-third Article was adopted by the legislatures of the
political years 1858 and 1859, respectively, and ratified by the people
on the ninth day of May, 1859, and was repealed by the twenty-sixth
Amendment.

48 CONSTITUTION OF MASSACHUSETTS.

The twenty-fourth and twenty-fifth Articles were adopted by the
legislatures of the political years 1859 and 1860, and ratified by the
people on the seventh day of May, 1860.

The twenty-sixth Article was adopted by the legislatures of the
political years 1862 and 1863, and ratified by the people on the sixth
day of April, 1863.

The twenty-seventh Article was adopted by the legislatures of the
political years 1876 and 1877, and was approved and ratified by the
people on the sixth day of November, 1877.

The twenty-eighth Article was adopted by the legislatures of the
political years 1880 and 1881, and was approved and ratified by the
people on the eighth day of November, 1881.

INDEX TO THE CONSTITUTION.

Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon,

Adjutant-general, appointed by the governor, ....

Adjutants, to be appointed by commanding officers of regiments,

Affirmations, instead of the required oaths, may be made by Quakers

Agriculture, arts, commerce, etc., to be encouraged,

Alimony, divorce, etc.,

Amendment to the constitution, proposed in the general court
agreed to by a majority of senators and two-thirds of
house present and voting thereon by yeas and nays ; en-
tered upon the journals of both houses, and referred to
the next general court : if the next general court agrees
to the proposition in the same manner, and to the same
effect, it shall be submitted to the people, and, if ap-
proved by them by a majority vote, becomes a part of the
constitution,

Apportionment of councillors, 23

state to be divided into eight districts, ....

Apportionment of senators, 12

on basis of legal voters, and state to be divided into forty
districts

Apportionment of representatives, IG, 38

to the several counties, made on the basis of legal voters.

Armies, dangerous to liberty, and not to be maintained without con
sent of the legislature, ......

Arms, right of people to keep and to bear, for public defence.

Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attend-
ing the general assembly,

Arrest, search and seizure, right of, regulated, ....
warrant to contain special designation,

Attorney-general, to be chosen by the people annually in November,

to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualified,

election determined by legislature,

in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint '/allot of legis-
lature from the two persons having the highest number of

votes at November election,

. 49

Page

25
21
21
30, 85
28
26

35,36

40, 41

39, 45

39, 43

7
7

17
7

7
20, 42

42
42

50 INDEX TO THE CONSTITUTION,

Page

Attorney-genei'al, vacancy occurring during session of the legisla-
ture, tilled by joint ballot of legislature from the people
at large, 42

vacancy occurring during recess of legislature, filled by gov-
ernor by appointment, with consent of council, . . 42

not eligible, unless an inhabitant of the state for five j'ears

next preceding election or appointment, .... 42

office to be deemed vacant if person elected or appointed

fails to be qualified within ten days, 42

Attorneys, district, elected by the people of the several districts, 43
Auditor, to be chosen by the people annually in November, . . 42

to hold office for one j-ear from third Wednesday in January

next thereafter, and until another is cliosen and qualified, 42

election determined by legislature, 42

vacancy filled in same manner as in office of attorney-general, 42

not eligible, unless an inhabitant of the state for five years

next preceding election, 42

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 42

Bail or sureties, excessive, not to be required, 9

Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor for revisal, . . 10

to have force of law if signed by governor, .... 10
if objected to by governor in writing, to be returned to
branch in which originated, and may be passed by two-
thirds of each branch present and voting thereon by yeas

and nays, 10

if not returned by governor within five days after presenta-
tion, to have force of law, unless the legislature adjourns

before that time expires, 10, 33

Boards, public, to make quarterly reports to the governor, . . 22

Body politic, formation and nature of, 3

title of : The Commonwealth of Massachusetts, ... 9

Bribery or corruption used in procuring an appointment or election,

to disqualify from holding any office of trust, etc., . . 31

Census of ratable polls 37

of inhabitants, 39, 43, 45

of inhabitants and legal voters taken in the year 18G5, and

every tenth year thereafter, 43, 45

enumeration of voters to determine the apportionment of

representatives, 43

INDEX TO THE CONSTITUTION. 51

Page

Cities, may be chartered by the general court, if containing twelve
thousand inhabitants and consented to by a majority

thereof, 33

Civil officers, meeting for election to be held annually on the Tues-
day next after the first Monday in November, ... 40
whose election is provided for by the constitution to be

elected by a plurality of votes, 40

Clerks of courts, elected by the people of the several counties, 43

Clerks of towns, to make records and returns of elections, . . 13
Colonial laws, not repugnant to the constitution, continued in

force, 31

Commander-in-chief, governor to be, 19

Commerce, agriculture and the arts, to be encouraged, ... 28
Commissary-general, appointed and commissioned as fixed by law, . 25, 34
Commission officers, tenure of office to be expressed in commissions, 25
Commissioners of insolvency, elected by the people of the several

counties, 43

Commissions, to be in the name of the Commonwealth, signed by
governor, attested by the secretary, and have the great

seal affixed, .^1

Congress, delegates to, 26

members of, may not hold certain state offices, . . 35
Constitution, amendment to, proposed in the general court, agreed
to by a majority of senators and two-thirds of the house
present and voting thereon by yeas and nays; entered
upon the journals of both houses, and referred to the
next general court : if the next general court agrees to
the proposition in the same manner and to the same
effect, it shall be submitted to the people, and, if approved
by them by a majority vote, becomes a part of the con-
stitution, 35, 36

Constitution, provisions for revising, 32, 35

to be enrolled on parchment, deposited in secretary's office,

and printed in all editions of the laws 33

Coroners, 20

Corruption or bribery used in procuring any appointment or elec-
tion, to disqualify from holding any office of trust, etc., 31

Council, five members to constitute a quorum, 24

eight councillors to be elected annually, 24,41

election to be determined by rule required in that of gover-
nor, 41

to take oath of office before the president of the senate in

presence of both houses of assembly, .... 30
to rank next after the lieutenant-governor, .... 24
resolutions and advice to be recorded in a register, and signed

by the members present, 24

52 INDEX TO THE CONSTITUTION.

Page
Council to exercise the power of governor when office of governor

and lieutenant-governor is A'acant 24

no property qualification required, ...... 40

eight districts to be formed, each composed of five contiguous

senatorial districts, . 41

eligible to election if an inhabitant of state for five j^ears pre-
ceding election, 41

term of office, 36

vacancy to be filled b}' election of a resident of the district by
concurrent vote of the senate and house; if legislature is
not in session, to be filled by governor with advice of

council, 46

Court, superior, judges not to hold certain other offices, ... 35
Court, supreme judicial, judges to have honorable salaries fixed
by standing laws, and to hold office during good be-
havior, 9, 22

judges not to hold certain other offices, 35

to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the

governor and council, . 25

Courts, clerks of, elected by the people of the several counties, . 43

Courts, probate, provisions for holding, 26

registers elected by the people of the several counties, . . 43
Courts and judicatories may be established by the general court, . 10, 11

may administer oaths or affirmations, 11

Crimes and ofl'ences, prosecutions for, regulated, . . . . 6, 7
Crimes to be proved in the vicinity of where they happen, • . 7

Debate, freedom of, in the legislature 8

Declaration of the rights of the inhabitants 4

Declaration and oaths of officers ; tests abolished, . . .29, 34, 35

Delegates to congress, ... 26

Departments, legislative, executive and judicial, to be kept separate, 9

District attorneys, elected by the people of the several districts, . 43
Districts, councillor, eight, each to be composed of five contiguous

senatoi'ial districts, 41

Districts, senatorial, forty, to be of adjacent territory, and to con-
tain as near as may be an equal number of voters, . . 45
Districts, representative, to be established by commissioners in the

several counties, 39, 44

Divorce, alimony, etc., 26

INDEX TO THE CONSTITUTION. 53

Page

Educational interests to be cherislied, 28

Elections ought to be free, 6

Elections, by the people, of civil officers provided for by the consti-
tution, to be by plurality of votes, 40

Election of civil officers, meeting to be held annually on the first

Tuesday next after the first Monday in Novenil)er, . . 40
in case of failure to elect I'epresentative, meeting to be held

on fourth Monday of November, 41

Election returns, 13, 41

Enacting style of laws, established, ....... 32

Equality and natural rights of all men, 4

Estates, valuation to be taken anew once at least every ten years, . 12

Executive department, not to exercise legislative or judicial powers, 9

£'xposf/acio laws, declared unjust and oppressive 8

Felony and treason, no subject to be declared guilty of, by the legis-
lature, 8

Fines, excessive, not to be imposed, 9

Frame of government, 9

Freedom of speech and debate in the legislature, .... 8
Freehold, possession of, not required as qualification for seat in the

general court or council, 40

Fundamental principles of the constitution, a frequent recurrence to,

recommended, 8

General court, to assemble frequently for redress of grievances, and

for making laws, 8

freedom of speech and debate in, 8

not to declare any subject to be guilty of treason or felony
formed by two branches, a senate and house of representatives

each having a negative on the other, .... 10

to assemble every year on the first Wednesday of January, at
such other times as they shall judge necessary, and when-
ever called by the governor with the advice of council, 10, 18, 36
may constitute and erect judicatories and courts. . • .10,11
may make wholesome and reasonable laws and ordinances not

repugnant to the constitution, H

may provide for the election or appointment of officers, and

prescribe their duties, 11

may Impose taxes, etc., to be used for the public service, . II

54 INDEX TO THE CONSTITUTION.

Pago
General court, to be dissolved on the day next preceding the first

Wednesday of January, 19,36

travelling expenses of members, 16

may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council, 19

session may be directed by governor, with advice of council,
to be held in other than the usual place in case of an infec-
tious distemper prevailing, 19

judicial officers may be removed upon address of, . . . 25
person convicted of bribery not to hold seat in, . . . 31
may increase property qualifications of persons to be elected

to office, 31

certain officers not to have seats in, 30

may be prorogued by governor and council for ninety days,

if houses disagree, etc., 19

to elect major-generals by concurrent vote, .... 21

empowered to charter cities, 33

to determine election of governor, lieutenant-governor and

councillors, 41, 42

to prescribe by law for election of sheriffs, registers of probate
and commissioners of insolvency by the people of the
counties, and district attorneys by the people of the

districts, 43

Government, objects of 3, 5, 6

Government by the people, as a free, sovereign and independent

state, 5

Governor, the supreme executive magistrate, styled, — The Gover-
nor of the Commonwealth of Massachusetts; with the
title of, — His Excellency ; elected annually, ... 18
qualifications, — to have been an inhabitant of the state for

seven years, and have freehold of £1,000 value, . . 18, 35

term of office, 36

should have an honorable stated salary 22

the commander-in-chief, of the army and navy, but may not

oblige them to go out of the limits of the state, . . 19

to appoint the adjutant-general, 21

may call together the councillors at any time, ... 19

not to hold certain other offices, 30

to take oaths of office before president of the senate in pres-
ence of the two houses of assembly, .... 30

to sign all commissions 31

election determined by the legislature, 41, 42

veto power, 10

vacancy in office of, powers to be exercised by the lieutenant-
governor 23

vacancy in office of governor and lieutenant-governor, powers

to be exercised by the council, 24

INDEX TO THE CONSTITUTION. 55

Page

Governor, with advice of council, may adjourn or prorogue the

leiiislature upon request, and convene the same, . . 19

may adjourn or prorogue the legislature for not exceeding
ninety days when houses disagree, or may direct session
to be held in other than the usual place in case of an in-
fectious distemper prevailing, 19

to appoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before
appointment, 20, 21, 34

to appoint officers of the continental army, .... 21

may pardon offences, but not before conviction, ... 20

may fill vacancy in council occurring when legislature is not

in session, 46

with consent of council, may remove judicial officers, upon

the address of both houses of the legislature, ... 25
Governor and council, to examine election returns, , , . . 14, 41

may punish persons guilty of disrespect, etc., by imprison-
ment not exceeding thirty days, 17

quorum to consist of governor and at least five members

of the council, 19

may require the attendance of the secretary of the common-
wealth in person or by deputy, 25

Habeas corpus, privilege of writ to be enjoyed in the most ample
manner, and not to be suspended by legislature except

upon most urgent occasions, 32

Harvard College, powers and privileges, gifts, grants and convey-
ances confirmed, 26, 27

board of overseers established, but the government of the

college may be altered by legislature, . . . . 27, 28

officers may be elected members of the general court, . . 46
Hereditary offices and privileges, absurd and unnatural, ... 5

House of Representatives, members may be instructed bj' the people, 8

a representation of the people annually elected and founded

upon the principle of equality, 15

may impose fines upon towns not choosing members, . . 16

expense of travel once every session each way, to be paid by

the government, 16

to enter objections made by governor to a bill or resolve at

large upon records, . . 10

qualifications of members 16, 40, 44

must be an inhabitant of district for one year preceding elec-
tion, and shall cease to be a member when ceasing to be
an inhabitant of the state 44

56 INDEX TO THE CONSTITUTION.

Page

House of Representatives, members not to be arrested on mesne
process during going to, return from, or attending tlie

general assembly, 17

the grand inquest of the commonwealth, .... 17
to originate all money bills, but the senate may propose or

concur with amendments, 17

not to adjourn more than two days at a time, ... 17
one hundred members constitute a quorum, . . . . 17, 44
to choose officers, establish its rules, etc., .... 17
may punish by imprisonment, not exceeding thirty days, per-
sons guilty of disrespect, etc. ; trial may be by com-
mittee, 17

privileges of members. 17

may require the attendance of secretary of the commonwealth

in person or by deputy, 25

may require the opinions of the justices of the supreme judi-
cial court upon important questions of law, and upon

solemn occasions 25

meeting for election to be held on the Tuesday next after the

first Monday of November, 40

in case of failure to elect, meeting to be held on the fourth

Monday of November, 41

to consist of two hundred and forty members, apportioned
to the several counties equally, according to relative

numbers of legal voters, 43

commissioners to divide counties into representative districts
of contiguous territory, but no town or ward of a city to

be divided, 44

no district entitled to elect more than three representa-
tives, 44

board authorized to divide county into districts, to be certi-
fied to by the secretary, the number of representatives to
which the county is entitled, 44

Impeachments, by the house of representatives, to be tried by the
senate ; limitation of sentence ; party convicted liable to

indictment, 15

Incompatible offices 30, 35

" Inhabitant," the word defined 13

Inhabitants, census to be taken in 1865, and every tenth year there-
after 37, 39, 43, 45

Insolvency, commissioners of, elected by the people of the several

counties 43

Instruction of representatives, 8

INDEX TO THE CONSTITUTION. 57

Page

Judges of courts may not hold certain other offices, .... 30, 35
Judges of the supi'cme judicial court, to hold office during good
behavior, and to liave honorable salaries established by

standing laws, 9, 22, 25

to give opinions upon important questions of law, etc., when
required by the governor and council, or either branch of

legislature, . . 25

not to hold certain other offices, 30

Judicatories and courts, may be established by the general court, . 10

may administer oaths or affirmations, II

Judicial department, not to exercise legislative or executive powers, 9

Judicial officers, appointed by the governor with consent of coun-
cil ; nominations to be made seven days prior to appoint

ment, .21

to hold office during good behavior, except when otherwise

provided by the constitution, ...... 25

may be removed from office by the governor, upon the address

of both houses of the legislature, ..... 25

Jury, trial by, right secured, 7

Justices of the peace, commissions to expire in seven years from

date of appointment, but may be renewed, ... 26

Law-martial, only those employed in the army and nayy, and the
militia in actual service, subject to, except by authority
of the legislature, ........ 9

Laws, every person to have remedy in, for injury to person or prop-
erty, 6

power of suspension or execution of, only in the legislature, 8

expost facto, prohibited as unjust and inconsistent with free

government, 8

of province, colony and state, not repugnant to the constitu-
tion, continued in force, 31

Legislative power, 9

Legislative department, not to exercise executive or judicial powers, 9

Legislature (see General Court).

Liberty of the press, essential to the security of freedom, . . 7
Lieutenant-governor, to be annually elected in November, — title of.
His Honor ; who shall be qualified in property and resi-
dence same as governor, 23, 3G, 40, 41

in the absence of governor, to be president of the council, . 23
to be acting governor when the chair of the governor is

vacant 23

INDEX TO THE CONSTITUTION.

Lieutenant-governor, to take oath of office before president of tlie
senate in presence of both liouses,

not to hold certain other offices,

term of office,

Literature and the sciences to be encouraged,

Page

30
30
36
28

Magistrates and officers, accountable to the people, ....
Magistrates and courts, not to demand excessive bail, impose exces-
sive fines, or inflict cruel punishments, ....
Major-generals, elected by senate and house of representatives by

concurrent vote,

may appoint their aids,

Marriage, divorce and alimony,

Martial law, only those employed in the army and navy, and the
militia in actual service, subject to, except bj^ authority

of legislature

Military power, subordinate to civil authority

Militia, not to be obliged by commauder-in-chief to march out o
the limits of the state, ......

captains and subalterns, elected by the train-bands,
all members of companies may vote, including minors, .
field officers, elected by captains and subalterns,

brigadiers, elected by field officers,

major-generals, elected by senate and house of representa-
tives by concurrent vote,

mode of election of officers to be fixed by standing laws,
if electors refuse to elect, governor with advice of council

may appoint officers

officers commissioned to command may be removed as may

be prescribed by law,

appointment of stafi" officers

organization; divisions, brigades, regiments and companies
Money, issued from treasury by warrant of governor, etc.,

mentioned in the constitution, to be computed in silver at

six shillings and eightpence per ounce,

Money bills, to originate in house of representatives,

Moneys, raised or appropriated for public or common schools, not

to be applied for support of sectarian schools.
Moral obligations of lawgivers and magistrates,
Moral qualifications for office,

21
21
26

20
21, 34
34
21
21

21
21

21,34
21
21
22

31
17

Notaries public, to be appointed by governor with advice of council, 25, 34
may be removed by governor with advice of council, upon

address of both houses, 34

INDEX TO THE CONSTITUTION. 59
O.

Page
Oaths and affirmations, may be administered by courts and judica-
tories, 11

how and by whom taken and subscribed, . . 28, 29, 30, 34

forms of, 29, 30, 34, 35

Quakers may affirm, 30, 35

to be taken by all civil and military officers, .... 34

Objects of government, 3, 5

Offences and crimes, prosecutions for, regulated, . . . . 6, 7

Office of trust, person convicted of bribery, etc., not to hold, . 31

Office, rotation in, right secured, C

all persons having the prescribed qualifications equally eli-
gible to, 6

no person eligible to, unless they can read and write, . . 43
Offices, plurahty of, prohibited to governor, lieutenant-governor

and judges, 30,35

incompatible, 30, 31, 35

Officers, civil, legislature may provide for the naming and settling

of, 11

Officers, commission, tenure of office to be expressed in com-
missions, 25

Officers, judicial, to hold office during good behavior, except, etc., 25
may be removed by governor, with consent of council, upon

the address of both houses of the legislature, ... 25

Officers of former government, continued, 32

Officers of the militia, election and appointment of, . . . . 21

removal of, 21, 34

Officers and magistrates, accountable to the people, ... 5

Organization of the militia, 21

Pardon of offences, governor with advice of council may grant, but

not before conviction, 20

People, to have the sole right to govern themselves as a free, sover-
eign and independent state, 6

have a right to keep and to bear arms for the public defence, 7
have a right to assemble to consult upon the common good,
to instruct their representatives, and to petition legisla-
ture, 8

Person and property, remedy for injuries to, should be in the laws, 6

Petition, right of, 8

Plantations, unincorporated, tax-paying inhabitants may vote for

councillors and senators, 13

Plurality of offices, 30

of votes, election of civil officers by, 40

60 INDEX TO THE CONSTITUTION.

Page

Political year, begins on the first Wednesday of January, . . 36

Polls, ratable, census of, 38

Preamble to constitution, 3

Press, liberty of, essential to the security of freedom, ... 7

Private property taken for public uses, compensation to be made for, 6

Probate courts, provisions for holding, 26

registers, elected by the people of the several counties, . 20, 43

judges may not hold certain other offices, .... 35

Property qualification, may be increased by the legislature, . • 31

partially abolished, 40

Prosecutions for crimes and ofl"euces regulated, .... 6
Provincial laws, not repugnant to the constitution, continued in

force, 31

Public boards and certain ofticers to make quarterly reports to the

governor, 22

Public officers, right of people to secure rotation, .... 6

all persons having the prescribed qualifications equally eli-
gible, 6

Public notary (see Notary public).

Public religious worship, right and duty of, 4

Punishments, cruel and unusual, not to be inflicted, ... 9

Quakei's, may make affirmation, 30, 35

Qualification of persons to be elected to office may be increased by

the legislature, 31

Qualification, property, of governor and lieutenant-governor, . . 18, 23

Qualification, property, partially abolished, 40

Qualifications of a voter, 13, 16, 33, 42, 45, 46

of governor, 18, 42

of lieutenant-governor, 23, 42

of councillors, 40, 41

of senators, 15, 39, 45

of representatives, ........ 16, 40, 44

of secretary, treasurer, auditor, and attorney-general, . . 42
Qualifications, moral, of officers and magistrates, .... 8

Quartermasters, appointed by commanding officers of regiments, . 21
Quorum of council, to consist of five members, ... .19, 24, 41

of senate, to consist of sixteen members, . . . . 15, 45

of house of representatives, to consist of one hundred

members, 17, 44

Ratable polls, census of, 37

Reading and writing, knowledge of, necessary qualifications for

voting or holding office, 43

INDEX TO THE CONSTITUTION. 61

Page
Records of the commonwealth to be kept in the office of the secre-
tary 25

and signed by members present, 24

Registers of probate, chosen by the people of tlie several counties, 20, 43
Religious denominations, equal protection secured to all, . . 5, 37

Religious sect or denomination, no subordination of one to another

to be established by law 5, 37

Religious societies, may elect their own pastors or religious teachers, 5, 37

membership of, defined, 37

Religious worship, public, right and duty of, and protection therein, 4

support of the ministry, and erection and repair of houses of

worship 4, 5, 37

Remedies by recourse to the law, to be free, complete and prompt, 6

Representatives (see House of Representatives).
Resolves (see Bills and Resolves).

Returns of votes, 13,18,41,42

Revision of constitution provided for in the year 1795, ... 32
Rights, declaration of, . . ..^ 4

Sailors and soldiers, who have served, etc., during time of war, not

disqualified from voting on account of being paupers, . 'i6
Salary, a stated and honorable salary to be established for the gov-
ernor, 22

permanent and honorable salaries to be established for the
justices of the supreme judicial court, and to be enlarged

if not sufficient, 9,22

School moneys, not to be appropriated for sectarian schools, . . 42
Seal, great, of the commonwealth to be affixed to all commissions, 31

Search, seizure and arrest, right of, regulated, 7

Secretary of the commonwealth, to be chosen by the people annually

in November, 25, 42

to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualified, 42

manner of election, etc., same as governor 42

in failure of election by^ voters, or in case of decease of person
elected, vacancy to be filled by joint ballot of legislature
from the two persons having the highest number of

votes at November election, 42

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 42
vacancy occurring when legislature is not in session, to be filled
by governor, by appointment, with advice and consent of
council, 34, 42

62 INDEX TO THE CONSTITUTION.

Page
Secretary of the commonwealth, not eligible, unless an inhabitant
of the state for five j'ears next preceding election or

appointment, 42

ofBce to be deemed vacant if person elected or appointed fails

to be qualified within ten days, . . . . . . 42

records of commonwealth to be kept in office of, . . . 25
may appoint deputies, for whose conduct he shall be

accountable, 25

to attend governor and council, senate and house, in person or

by deputies, as they shall require, 25

to attest all commissions, 31

to certify to board authorized to divide county into districts,
the number of representatives to which the county is

entitled, 44

Sectarian schools, not to be maintained at public expense, . . 42
Selectmen, to preside at town meetings, elections, etc., ... 13

Self-government, right of, asserted, 5

Senate, the first branch of the legislature, 10, 13

to consist of forty members, apportionment, etc., . .12, 39, 45

to be chosen annually, 13

governor and at least five councillors, to examine and count

votes, and issue summonses to members, .... 14
to be final judges of elections, returns and qualifications of

their own members, 14

vacancy to be filled by election, by people of the district, upon

order of majority of senators elected, . . . 14,45,46

qualifications of a senator, 15, 40

not to adjourn more than two days at a time, .... 15
to choose its officers and establish rules, ..... 15

shall try all impeachments, 15, 17

sixteen members constitute a quorum, 15

may punish for certain ofiences; trial may be by committee, 17
may require the attendance of the secretary of the common-
wealth in person or by deputy, 25

may require the opinions of the justices of the supreme
judicial court upon important questions of law, and upon
solemn occasions, ........ 25

to enter objections, made by governor to passage of a bill or

resolve, at large on records, 10

districts, forty in number, to be of adjacent territory, and to

contain, as near as may be, an equal number of voters, . 45

apportionment based upon legal voters, 45

Sherifis, elected by the people of the several counties, . . .20, 43
Silver, value of money mentioned in the constitution to be computed

in silver at six shillings and eightpence per ounce, . 31

Soldier, not to be quartered in any house, in time of peace, without

consent of owner, 9

INDEX TO THE CONSTITUTION. 63

Page
Soldiers and sailors, who have served la time of -.var, etc., not dis-
qualified from voting on account of being paupers, . . 46

Solicitor-general, • . . 20

Standing armies, dangerous to liberty and not to be maintained with-
out consent of the legislature, ...... 7

State or bod}' politic, entitled, — The Commonwealth of Massachu-
setts 9

Supreme judicial court, judges to have honorable salaries fixed by

standing laws, and to hold office during good behavior, . 9, 22
to give opinions upon important questions of law, etc., when
required bj^ either branch of the legislature or bj' the gov-
ernor and council 25

not to hold certain other offices, 30, 35

Sureties or bail, excessive, not to be required, 9

Taxation should be founded on consent, 6, 8

Taxes, not to be levied without the consent of the people or their

representatives, 8

may be imposed by the legislature, . . . . . . 11

valuation of estates, to be taken anew once at least every ten

years, 12

Tenure that all commission officers shall by law have in their offices,

shall be expressed in their commissions, .... 25

Tests abolished, 35

Title of body politic : The Commonwealth of Massachusetts, . 9

Title of governor to be, — His Excellency, 18

Title of lieutenant-governor to be, — His Honor, .... 23
Town clerk, to make record and return of elections, ... 13

Town meetings, selectmen to preside at, 13

Town representation in the legislature, 16, 38, 39

Travelling expenses of members, to general assembly and returning
home, once in every session, to be paid by the govern-
ment, 16

Treason and felony, no subject to be declared guilty of, by the

legislature, 8

Treasurer and receiver-general, to be chosen by the people annually

in November, 25, 42

to hold office for one year from third Wednesday in January
next thereafter and until another is chosen and quali-
fied, 42

manner of election, etc., same as governor 42

not eligible, unless an Inhabitant of the state for five years

next preceding election or appointment, .... 42
no man eligible more than five years successively, ... 25

64 INDEX TO THE CONSTITUTION.

Page

Treasurer and receiver-general, in failure of election by voters, or

in case of decease of person elected, vacancy to be filled

by joint ballot of legislature from the two persons having

the highest number of votes at November election, . 42

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 42
vacancy occurring when legislature is not in session, to be
filled by governor, by appointment, with advice and con-
sent of the council, 34. 42

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days 42

Treasury, no moneys to be issued from, but upon the Avarrant of

governor, except, etc., 22

Trial by jury, right to, secui'ed, 6, 7

guaranteed in criminal cases, except in army and naA^y, . 7

University at Cambridge 26, 27, 28, 46

Vacancy in office of governor, powers to be exercised by lieutenant-
governor, 23

Vacancy in offices of governor and lieutenant-governor, powers to be

exercised by the council, 24

Vacancy in the council, to be filled by the election of a resident of the
district by concurrent vote of the senate and house ; if
legislature is not in session, to be filled by governor with
advice of the council 40, 46

Vacancy in the senate to be filled by election by the people upon the

order of a majority of senators elected, . . . . 14, 46

Vacancy in office of secretary, treasurer, auditor and attorney -gen-
eral, caused by decease of person elected, or failure to
elect, filled by joint ballot of legislature from the two
persons having highest number of votes at November

election, 42

occurring during session of legislature, filled by joint ballot of

legislature from people at large, 42

occui-ring Avhen legislature is not in session, to be filled by

governor, by appointment, with advice of council, . 34, 42

Vacancy in militia office, filled by governor and council, if electors

neglect or refuse to make election, 21

Valuation of estates, to be taken anew once in every ten years at

least, 12

Veto power of the governor, 10

INDEX TO THE CONSTITUTION. 65

Page

Voters, qualifications of, at elections for governor, lieutenant-gover-
nor, senators and representatives, . . 13, 16, 33, 43, 45, 4G

not disqualified on account of being paupers if they have

served in the army or navy in time of war, etc., . . 46

male citizens, twenty-one years of age, who have resided in
the state one year, and within the town or district six
months, who have paid a state or county tax within two
years next preceding the election of state oflScei's, and
such as are exempted by law from taxation, but in other
respects qualified, and who can write their names and
read the constitution in the Englisli language, . . 16, 33, 43

the basis upon which the apportionment of representatives

to the several counties is made, 43

basis of apportionment of senators, 45

census of voters to be taken in 1865, and every tenth year

after, 43, 44, 45

Votes, returns of, 13, 18, 41, 42

plurality of, to elect civil officers, 40

"Worship, public, the right and duty of all men, .... 4

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and expeditious manner, and not to be suspended by
legislature, except for a limited time, .... 32

Writs, to be issued in the name of the commonwealth under the seal
of the court, bear test of the first justice, and be signed
by the clerk, 31

Writing and reading, necessary qualifications for voting, or holding

office, 43

Year, political, begins on the first Wednesday of January, . . 36

ACTS AND RESOLVES

MASSACHUSETTS.

1884.

^= The General Court of 1884 assembled on Wednesday, the
second day of January. The oaths of office required by the Consti-
tution to be administered to the Governor and Lieutenant-Governor
elect, were taken and subscribed by His Excellency George D.
Robinson and His Honor Oliver Ames on Thursday, the third
day of January, in the presence of the two Houses assembled in
■convention.

ACTS AND RESOLVES.

An Act in kelation to a special election to fill a vacancy ChCLJJ. 1

IN THE twelfth CONGRESSIONAL DISTRICT.

Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same,
as folloics :

Section 1. The mayor and aldermen and selectmen spedai election
of the several cities and towns in the twelfth congressional in iiie Twe"fth
district shall, as provided in chapter seven of the Public o'istricr'""*^
Statutes, call meetings to be held on the seventeenth day
of January in the year one thousand eight hundred and
eighty-four, for the voters to give their votes for a repre-
sentative in Congress to fill the vacancy now existing, any-
thins: in the statutes of the Commonwealth or the ordi-
nances or by-laws or vote of any city or town to the
contrary notwithstanding : provided, however, that in
those cities and towns where a meeting for said purpose
has been duly warned no further warrant need be issued.

Section 2. This act shall take eflTect upon its passage.

Approved January 11, 1884:

An Act making appropriations for the compensation and (JJian. 2

MILEAGE OF THE MEMBERS OF THE LEGISLATURE, FOR THE COM-
PENSATION OF OFFICERS THEREOF, AND FOR OTHER PURPOSES.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes
specified, to wit : —

For compensation of senators, twenty thousand five senator?, com-

hi 1 1 11 pensatlon.

undred dollars.

For compensation of representatives, one hundred and Ripresentatives,

i UJ1111 compensation.

twenty thousand five hundred dollars.

1884. — Chapter 3.

Senators,
mileage.

Representa-
tives, mileage.

Preacher of
election sermon.

Chaplains.

Doorkeepers,
messengers and
pages.

Witnesses be-
fore commit-
tees.

Contingent ex-
penses, etc.

Expenses of
committees.

For mileage of senators, a sum not exceeding four
hundred and tifty dollars.

For mileage of representatives, a sum not exceeding two
thousand five hundred dollars.

For the compensation of the preacher of the election
sermon, fifty dollars.

For the compensation of the chaplains of the senate and
house of representatives, three hundred dollars each.

For the compensation of the doorkeepers, messengers
and pages to the senate and house of representatives, a
sum not exceeding ten thousand dollars.

For expenses of summoning witnesses before committees,
and for fees for such witnesses, a sum not exceeding two
hundred dollars.

For contingent expenses of the senate and house of
representatives, and necessary expenses in and about the
state house, a sum not exceeding five thousand dollars.

For authorized expenses of committees of the present
legislature, to include clerical assistance to committees
authorized to employ the same, a sum not exceeding five
thousand dollars.

Section 2. This act shall take efiect upon its passage.

Approved January 17, 1884.

Chap. 3

An Act making appropriations for the maintenance of the
government for the present year.

Be it enacted, etc., as folloios:

Appropriations. Section 1. The suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and eighty-four, to wit : —

Clerks of senate
and bouse.

Assistant
clerks.

8ergeant-at-
arms.

Engineer.

LEGISLATIVE DEPARTMENT.

For the salaries of the clerks of the senate and house of
representatives, two thousand five hundred dollars each.

For the salaries of the assistant clerks of the senate
and house of representatives, twelve hundred dollars each.

For the salary of the sergeant-at-arms, two thousand
five hundred dollars.

For the salary of the engineer at the state house, one
thousand four hundred dollars.

1884. — Chapter 3. i

For the salary of the watchman at the state house, eight watchman.
hundred doHars.

For the salaries of the four messengers to the sergeant- Mesgengers.
at-arms, known as <' sergeant-at-arms messengers," eleven
hundred dollars each.

For the salaries of the fireman at the state house, and F^„7^^^*° """^
fireman and janitor at the "Commonwealth building,"
nine hundred dollars each.

For the salary of the assistant fireman at the state Assistant fire-
house, two dollars and one-half j^er diem for each day
employed.

EXECUTIVE DEPARTMENT.

For the compensation of the lieutenant-governor, two Lieutenant-

Til -t f I i' -i-ii governor and

thousand dollars, and for the executive council, six thou- council.
sand four hundred dollars. For the travelling expenses of es'^^Inies.^
said council, a sum not exceeding five hundred dollars.

For the salary of the private secretary of the governor, Private
one thousand five hundred dollars. ^^''^^ '"^^"

For the salary of the executive clerk of the governor Executive
and council, one thousand two hundred dollars.

For the salary of the messenger of the governor and Messenger.
council, eight hundred dollars.

secretary's department.

For the salary of the secretary of the Commonwealth, j-^ecretary.
two thousand five hundred dollars.

For the salary of the first clerk in the secretary's de- First cierk.
partment, one thousand eight hundred dollars.

For the salary of the second clerk in the secretary's de- second cierk.
partment, one thousand five hundred dollars.

For the salary of the third clerk in the secretary's de- Third cieric.
partment, one thousand three hundred dollars.

For a messenger, and such additional clerical assistance Additional
as the secretary may find necessary, a sum not exceeding Messenger.
ten thousand dollars.

treasurer's department.

For the salary of the treasurer and receiver-general, Treasurer.
four thousand dollars.

For the salary of the first clerk in the treasurer's depart- First cierk.
ment, two thousand three hundred dollars.

For the salary of the second clerk in the treasurer's de- Second cierk.
partment, one thousand eight hundred dollars.

1884. — Chapter 3.

Cashier.

Fund clerk.

Extra clerks.

For the salary of the cashier in the treasurer's depart-
ment, one thousand eiojht hundred dollars.

For the salary of the fund clerk in the treasurer's de-
partment, one thousand two hundred dollars.

For the salaries of the three extra clerks in the treas-
urer's department, one thousand two hundred dollars
each ; and for such additional clerical assistance as the
treasurer may need, a sum not exceeding two hundred
dollars.

Deputy tax
commissioner.

First clerk.

Second clerk.

Additional
clerks.

TAX commissioner's DEPARTMENT.

For the salary of the deputy tax commissioner, two
thousand seven hundred and fifty dollars.

For the salary of the first clerk of the tax commissioner,
one thousand eight hundred dollars

For the salary of the second clerk of the tax commis-
sioner, one thousand three hundred dollars.

For such additional clerical assistance as the tax com-
missioner and commissioner of corporations may find
necessary, a sum not exceeding twelve thousand dollars.

Auditor of
accounts.

First clerk.

Second clerk.

Extra clerks.

AUDITOR'S DEPARTMENT.

For the salary of the auditor of accounts, two thousand
five hundred dollars.

For the salary of the first clerk in the auditor's depart-
ment, one thousand eight hundred dollars.

For the salary of the second clerk in the auditor's de-
partment, one thousand five hundred dollars.

For the salaries of the two extra clerks in the auditor's
department, one thousand two hundred dollars each ; and
for such additional clerical assistance as the auditor
may find necessary, a sum not exceeding five hundred
dollars.

attorney-general's DEPARTMENT.

For the salary of the attorney-general, four thousand
dollars.

For the salary of the assistant attorney-general, two
thousand dollars.

COMMISSIONERS, ET AL.

ofTa^iS""''" -^^^ ^^^ salaries of the commissioners on savings banks,
banks. flye thousand six hundred dollars.

Attorney-
general.

Assistant attor-
ney-general.

1884. — Chapter 3. T

For the salary of the first clerk of the commissioners on First cierk.
savings banks, one thousand three hundred dollars; for
the salary of the extra clerk of said commissioners, seven
hundred dollars.

For the salary of the insurance commissioner, three insurance

, 1 1 11 commisBioner.

thousand dollars.

For the salary of the deputy insurance commissioner, Deputy.
two thousand five hundred dollars.

For the salary of the first clerk of the insurance com- First ckrk.
missioner, one thousand eight hundred dollars.

For the salary of the second clerk of the insurance com- second^cierij.
missioner, one thousand five hundred dollars.

For the salary of one extra clerk of the insurance com- Extra cierk.
missioner, one thousand dollars.

For such additional clerical assistance as the insurance Additional
commissioner may find necessary for the despatch of public
business, a sum not exceeding seven thousand dollars.

For the salary of the inspector of gas-meters, two thou- inspectors of
sand dollars ; and for the salary of the assistant inspector ^^^
of gas-meters, one thousand two hundred dollars.

For the salary of the secretary of the commissioners of Secretary of

J 'J commissionerB

prisons, two thousand dollars. of prisons.

For the salary of the clerk of the commissioners of ci^^.
prisons, seven hundred dollars.

For the salaries of the railroad commissioners, eleven Railroad com-

.1 T T 11 missioners.

thousand dollars.

For the salary of the clerk of the railroad commissioners, cierk.
two thousand dollars.

For the salary of the accountant of the railroad commis- Accountant.
sioners, two thousand dollars.

For the salary of the assayer and inspector of liquors, Assayer and

^•TTT^, inspector of

five hundred dollars. iiquors.

For the salary of the chief of the bureau of statistics of Bureau of sta-
labor, two thousand five hundred dollars.

For the salary of the first clerk in the bureau of statistics First cierk.
of labor, one thousand five hundred dollars.

For such additional clerical assistance, and for the nee- Additional
essary expenses of the bureau of statistics of labor, a sum Expenses,
not exceeding five thousand dollars.

For the salary and expenses of the commissioners on commissionere
state aid, a sum not exceeding four thousand dollars.

For the salaries of the harbor and land commissioners. Harbor and

/. .1 T /, 1 1 1 1 11 land commia-

live thousand five hundred dollars. sioners.

1884. — Chapter 3.

Engineer and
experts.

For the salary of the engineer, and for services of ex-
perts authorized by the harbor and laud commissioners, a
sum not exceeding thirty-three hundred dollars.

AGRICULTURAL DEPARTMENT.

Secretary of
board of agri-
culture.

Clerk.

Additional

clerks.

Lectures.

For the salary of the secretary of the board of agricul-
ture, two thousand five hundred dollars.

For the salary of the clerk of the secretary of the board
of agriculture, one thousand one hundred dollars.

For other clerical assistance in the office of the secretary
of the board of agriculture, and for lectures before the
board, a sum not exceeding four hundred dollars.

Secretary of
board of educa-
tion.

Assistant libra-
rian and clerk.

Additional
clerks.

Purchase of
books.

EDUCATIONAL DEPARTMENT.

For the salary and expenses of the secretary of the
board of education, two thousand nine hundred dollars, to
be paid out of the moiety of the income of the Massachu-
setts school fund applicable to educational purposes.

For the salary of the assistant librarian and clerk of the
board of education, two thousand dollars.

For such additional clerical assistance in the state
library as may be found necessary, a sum not exceeding
two thousand dollars.

For the purchase of books for the state library, three
thousand three hundred dollars.

Adjutant-
general.

First clerk.
Second clerk.

Additional
clerk.

Extra clerks.

Messenger.

Additional cleri-
cal assistance.

MILITARY DEPARTMENT.

For the salary of the adjutant-general, two thousand
five hundred dollars.

For the salary of the first clerk in the adjutant-general's
department, one thousand eight hundred dollars.

For the salary of the second clerk in the adjutant-
general's department, one thousand six hundred dollars.

For the salary of an additional clerk in the adjutant-
general's department, one thousand six hundred dollars.

For the salaries of two extra clerks in the adjutant-
general's department, one thousand two hundred dollars
each.

For the salary of the messenger in the adjutant-general's
department, eight hundred dollars.

For such additional clerical assistance as the adjutant-
general may find necessary, and for compensation of em-
ployes at the state arsenal, a sum not exceeding five
thousand five hundred dollars.

1884. — Chapters 4, 5, 6. 9

For the salary of the surgeon-general, one thousand two surgeon-

•/ Do' general,

hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved January 18, 1884.

An Act relative to the employment of a second clerk in QJidj)^ 4

THE bureau of STATISTICS OF LABOR.

'Be it enacted, etc., as follows :

Section 1. The chief of the bureau of statistics of second cierk.
labor is hereby authorized to employ a second clerk at a
salary of thirteen hundred dollars per annum, to be com-
puted from and after the first day of January in the year
eighteen hundred and eighty-four.

Section 2. This act shall take effect upon its passage, salary-

Approved January 25, 1884,

An Act concerning the injury or destruction op railroad (JIiq/y), 5

SIGNALS.

Be it enacted, etc., as follows :

Chapter one hundred and twelve, section two hundred JoidTigna't"'
and seven, of the Public Statutes is hereby amended by
striking out the word " electric."

Approved January 28, 1884.

An Act in addition to " An Act making appropriations for the QJkij)^ Q
maintenance of the government during the present year.

Be it enacted, etc., as folloivs :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes
specitied, to meet expenses for the year ending December
the thirty-first, in the year eighteen hundred and eighty-
four ; to wit : —

SUPREME JUDICIAL COURT.

For the salary of the clerk of the supreme judicial court, s. j. c, cierk.
three thousand dcjllars.

For the salary of the reporter of decisions of the su- Reporter.
preme judicial court, three hundred dollars.

For the salaries of the officers and messengers of the officers and
supreme judicial court, sixteen hundred dollars. messengers.

For expenses of the supreme judicial court, a sum not
«xceedinor two thousand dollars.

1884. — Chaptek 6.

Chief justice.

Associate
justices.

SUPERIOR COURT.

For the salary of the chief justice of the superior court,
five thousand three hundred dollars.

For the salaries of the ten associate justices of the supe-
rior court, fifty thousand dollars.

Judge —
Bufl'olk.

Middlesex.
Worcester.

Essex.

Norfolk.

Bristol.

Plymouth.
Berkshire.

Hampden.
Hampshire.

Franklin.

Barnstable.
Nantucket.
Dukes County.

COURTS OF PROBATE AND INSOLVENCY.

For the salary of the judge of probate and insolvency
for the county of Sufiblk, four thousand dollars.

For the salary of the judge of probate and insolvency"
for the county of Middlesex, three thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Worcester, two thousand five hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Esse.x, three thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Norfolk, two thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Bristol, one thousand eight hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Plymouth, one thousand five hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Berkshire, one thousand two hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Hampden, two thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Hampshire, one thousand four hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Franklin, one thousand four hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Barnstable, one thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Nantucket, five hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Dukes County, five hundred dollars.

For the salary of the register of probate and insolvency
for the county of Sufiblk, three thousand dollars.

1884. — Chapter 6. 11

For the salary of the register of probate and insolvency Middlesex.
for the county of Middlesex, two thousand dollars.

For the salary of the register of probate and insolvency Worcester.
for the county of Worcester, two thousand dollars.

For the salary of the register of probate and insolvency Essex.
for the county of Essex, two thousand dollars.

For the salary of the register of probate and insolvency Norfolk.
for the county of Norfolk, one thousand five hundred
dollars.

For the salary of the register of probate and insolvency Bristol.
for the county of Bristol, one thousand eight hundred
dollars.

For the salary of the register of probate and insolvency Plymouth.
for the county of Plymouth, one thousand five hundred
dollars.

For the salary of the register of probate and insolvency Hampden.
for the county of Hampden, one thousand six hundred
dollars.

For the salary of the register of probate and insolvency Berkshire.
for the county of Berkshire, one thousand two hundred
dollars.

For the salary of the register of probate and insolvency Hampshire,
for the county of Hampshire, one thousand four hundred
dollars.

For the salary of the register of probate and insolvency Franklin.
for the county of Franklin, one thousand four hundred
dollars.

For the salary of the register of probate and insolvency Barnstable.
for the county of Barnstable, one thousand dollars.

For the salary of the register of probate and insolvency Nantucket.
for the county of Nantucket, six hundred dollars.

For the salary of the register of probate and insolvency Dukes County.
for the county of Dukes County, six hundred dollars.

For the salary of the assistant register of probate and Assistant
insolvency for the county of Suffolk, two thousand dollars. Suffolk^"

For the salary of the assistant register of probate and Middlesex.
insolvency for the county of Middlesex, one thousand five
hundred dollars.

For the salary of the assistant register of probate and Worcester,
insolvency for the county of Worcester, one thousand five
hundred dollars.

For the salary of the assistant register of probate and Essex.
insolvency for the county of Essex, one thousand five
hundred dollars.

1884. — Chapter 7.

Norfolk.

Clerk in Suflfolk.

Extra clerks.

Bzpenscs.

For the salary of the assistant register of probate and
insolvency for the county of Norfolk, one thousand one
hundred dollars.

For the salary of the clerk to the register of probate
and insolvency for the county of Suffolk, one thousand
two hundred dollars.

For extra clerical assistance to the courts of probate and
insolvenc}'^ in the several counties of the Commonwealth,
a sum not exceeding seven thousand two hundred dollars.

For expenses of the courts of probate and insolvency,
a sum not exceeding two thousand dollars.

District
attorney —
Suffolk.

Assistant dis-
trict attorneys.

Clerk.

District
attorney —
Northern
district.

Eastern
district.

South-eastern
district.

Southern
district.

Middle district.

Western
district.

North-western
district.

Chap. 7

May construct
and maintain
additional
tracks.

DISTRICT ATTORNEYS.

For the salary of the district attorney for Suffolk dis-
trict, four thousand five hundred dollars.

For the salaries of the first and second assistant district
attorneys for Suffolk district, two thousand five hundred
dollars each.

For the salary of the clerk for the district attorney for
the Suffolk district, one thousand dollars.

For the salary of the district attorney for the northern
district, two thousand four hundred dollars.

For the salary of the district attorney for the eastern
district, two thousand four hundred dollars.

For the salary of the district attorney for the south-
eastern district, one thousand eight hundred dollars.

For the salary of the district attorney for the southern
district, one thousand eight hundred dollars;

For the salary of the district attorney for the middle
district, one thousand eight hundred dollars.

For the salary of the district attorney for the western
district, one thousand eight hundred dollars.

For the salary of the district attorney for the north-
western district, one thousand three hundred and fifty
dollars.

Section 2. This act shall take effect upon its passage.

Approved February 1, 1884.

An Act to authorize the old colony railroad company to
take land for additional tracks.

Be it enacted, etc., as follows:

Section 1. The Old Colony Railroad Company may
construct and maintain such additional track or tracks, as
its directors may determine, on or adjoining the locations

1884. — Chapters 8, 9. 13

of its present railroads, for any part or the whole of the
distance between its station at South Braintree and its
station at Middleborough ; and also l^etween its said
station at South Braintree and Somerset Junction, in Fall
River, by way of Taunton ; and also between Weir Junc-
tion, in Taunton, and the junction with the Middleborough
Branch Railroad ; and for said purposes may purchase or
take land, not exceeding two rods in width, in addition to May take land.
its existing locations. Locations in the form provided by HrecTw^ithin" ^°
law shall be filed within three years from the passage of •^^'"^^ y*"'^'®'
this act.

Section 2. In the exercise of the powers granted by Damages..
this act said Old Colony Railroad Company, and any per-
son or corporation who shall sustain any damage in their
property, shall have all the rights, powers, privileges and
remedies and be subject to all the duties, liabilities and
restrictions, provided by the general laws of the Common-
wealth relating to railroads.

Section 3. This act shall take effect upon its passage.

Approved February 2, 1884.

An Act to establish the salary of the executive clerk of (JJinj) Q

THE governor AND COUNCIL.

Be it enacted, etc., as follows:

Section 1. The annual salary of the executive clerk ^"'.^r , .
of the governor and council shall be fifteen hundred dol-
lars, from the first day of January in the year eighteen
hundred and eighty-four.

Section 2. So much of section six of chapter fifteen Repeal,
of the Public Statutes as is inconsistent with this act is
hereby repealed. Approved February 4, 1884.

An Act making appropriations for sundry charitable Char) 9

EXPENSES. ^

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, for the purposes specified, to be paid out of
the treasury of the Commonwealth, from the ordinary
revenue, to meet sundry charitable expenses, for the year
ending on the thirty-first day of December eighteen hun-
dred and eighty-four, to wit : —

1884. — Chapter 9.

Travelling
expenses of
board.

Department of
health.

Inspector of
charities.

In-door poor.
Out-door poor.

Auxiliary-
visitors.

STATE BOARD OF HEALTH, LUNACY AND CHARITY.

For travelling and other necessary expenses of the state
board of health, lunacy and charity, a sum not exceeding
one thousand six hundred dollars.

For salaries and expenses in the health department of
said board, a sum not exceeding eight thousand five hun-
dred dollars.

For salaries and expenses in the department of the
inspector of charities, a sum not exceeding eight thousand
dollars.

For salaries and expenses in the department of in-door
poor, a sum not exceeding twenty-five thousand dollars.

For salaries and expenses in the department of out-door
poor, a sum not exceeding seventeen thousand dollars.

For travelling and other necessary expenses of the aux-
iliary visitors of the board, a sum not exceeding one
thousand six hundred dollars.

State paupers
in lunatic
hospitals.

Transportation
to almshouse.

Transportation
of state
paupers.

Cases of settle-
ment and
bastardy.

Indigent and"

neglected

children.

Infant asylums.

Support of sick
state paupers
by cities and
towns.

Burial.

MISCELLANEOUS CHARITABLE.

For the support and relief of state paupers in the luna-
tic hospitals and asylums of the Commonwealth, a sum
not exceeding one hundred and thirty thousand dollars.

For the transportation of paupers to the state alms-
house, a sum not exceeding .six hundred dollars.

For transportation of state paupers, a sum not exceed-
ing fifteen thousand dollars.

For expenses attending the management of cases of set-
tlement and bastardy, a sum not exceeding two thousand
dollars.

For the care and maintenance of indigent and neglected
children, a sum not exceeding eight thousand dollars.

For the re-imbursement of the infant asylums for the
support of infants having no known settlement in the
Commonwealth, a sum not exceeding fifteen thousand
dollars.

For the support of sick state paupers by cities and
towns, a sum not exceeding thirty thousand dollars, which
is made applicable for the payment of claims for the
present and previous years.

For the burial of state paupers by cities and towns, for
the present and previous 3'ears, a sum not exceeding eight
thousand five hundred dollars.

1884. — Chapter 10. 15

For the temporary support of state paupers by cities Jo'^Tby'dues''^
and towns for the present and previous years, a sum not and towns.
exceeding sixteen thousand dollars.

For the support and transportation of outside found- ^un^^uigs.
lings, a sum not exceeding ten thousand dollars.

For the support of Indian state paupers, a sum not ^'^^^^"rs!''*^
exceeding one hundred dollars.

For the support of state paupers and special pupils in l^^t'ie-m^nVed.
the Massachusetts school for the feeble-minded, a sum not
exceeding seventeen thousand five hundred dollars.

For the payment of expenses in connection with the n"^f,^f^o°" "n^
inspection of milk, food and drugs, five thousand dollars, 'in'g's-

For expenses incurred in connection with small-pox dSeT"^
and other diseases dangerous to the public health, a sum
not exceeding ten thousand dollars.

For expenses incurred in connection with medical ex- ?;^£^ ^nd™'
aminations and inquests, a sura not exceeding three thou- inquests.
sand five hundred dollars.

For annuities due from the Commonwealth incurred by Johonnot
the acceptance of the bequests of the late Martha Johon- ^"""' '^^"
not, a sum not exceeding thirteen hundred dollars.

For other annuities authorized by the legislature, a sum Annuities.
not exceeding two thousand five hundred and sixty-two
dollars.

For pensions, a sum not exceeding five hundred and Pensions.
twenty dollars.

GRATUITIES.

For a gratuity, payable to the town of Westfield, author- ^J^^'''^^ '"^
ized by the legislature, five thousand dollars. westtieid.

Section 2. This act shall take effect upon its passage.

Approved February 5, 1884.

An Act making appropkiations for salaries and expenses QfiQ/t), 10

AT THE STATE ALMSHOUSE AT TEWKSBURY.

^e it enacted^ etc., as follows:

Section 1, The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of
salaries and current expenses at the state almshouse at
Tewksbury, during the year eighteen hundred and eighty-
four, to wit : —

For salaries, w^ages and labor at the state almshouse at salaries, wages
Tewksbury, a sum not exceeding twenty-one thousand expenses.

16 1884. — Chapter 11.

dollars; and for the current expenses at said institution, a
sum not exceeding seventy-three thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 5, 1884.

(Jhap. 11 An Act authorizing the lowell and framingham railroad

COMPANY TO ISSUE NEW BONDS, AND TO MORTGAGE ITS PROPERTr
TO THE OLD COLONY RAILROAD COMPANY.

Be it enacted., etc., as follows:

F?^ingiwm Section 1. The Lowell and Framingham Railroad

Railroad Com- Companv, the coruoratiou orojanizcd under and by author-

Eany maj' issue • ,. -T i i i i ^ i p

ondsnotex- ity oi chapter one hundred and seventy or the acts or

IsooIoM. eighteen hundred and eighty-one, is hereby authorized to

issue bonds in sums of not less than one thousand dollars
each, payable at a period not exceeding twenty years from
the date thereof, and bearing interest at not exceeding the
rate of four and one-half per cent, a year, payable semi-
annually, to an amount not exceeding five hundred thou-
Proceedstobo saud dolUirs, the proceeds thereof to be used exclusively
mentof tir'it for thc payment and retiring of the first mortgage bonds of
i™°ueTby Frara! the Framingham and Lowell Railroad Company, issued
LoweURaih-oad uudcrdate of April first, eighteen hundred and seventy-one,
Company. aud sccurcd by mortgage under the provisions of section
one, chapter one hundred and seventy of the acts of the year
eighteen hundred and eighty-one, and now outstanding, on
condition that the principal and interest npon said bonds
Tobeguniun- shall bc guaranteed by the Old Colony Railroad Company

teed by Old , '^ ^ • -i- .1 it i

Colony Railroad by au agreement in writing thereon, upon such terms and
Company. couditious as may be agreed upon by its directors.
Lowell and SECTION 2. The LowcU and Framingham Railroad

Railroad Com- Compauy Is hcrcby authorized to mortgage its railroad,
l^lZXut franchise and property to the Old Colony Railroad Com-
coron'^yRanroad P^"y» subjcct, howcvcr, to auy existing lien or mortgage,
Company. upou such tcmis aud conditions as may be agreed upon
with the directors of the Old Colony Railroad Company,
for the purpose of securing the Old Colony Railroad Com-
pany for any guaranty of bonds of the Lowell and Framing-
ham Railroad Company, in accordance with the first
section of this act, and any bonds so issued by the Lowell
and Framingham Railroad Company, and guaranteed by
the Old Colony Railroad Company, shall be computed and
treated as a part of the bonded debt of the Old Colony
Railroad Company, under the provision of law for the

1884. — Chapteks 12, 13. 17

issue of railroad bonds, and also ns a debt of the Lowell
and Framin,2;ham Railroad Company.

Section 3. The issue of said bonds shall be limited so whoie number
that the whole number of bonds of the Framingham and not\o"cxcced!
Lowell Railroad Company and the bonds hereby authorized $5ou]oou.'^'''
shall not at any time exceed together the sum of five hun-
dred thousand dollars.

Section 4. This act shall take effect upon its passage.

Approved February 6, 1884.

An Act making appropriations for salaries and expenses at QJidj)^ 12

TUE STATE PRIMARY SCIIOOE AT MONSON.

Be it enacted., etc., as foUoivs :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for payment of
salaries and expenses at the state primary school at Monson,
during the year eighteen hundred and eighty-four, to
Avit : —

For salaries and wages at the state primary school at state primary

Tir i^^T il Till Kcliool at

Monson, a sum not exceeding seventeen thousand dollars ; Mouson.
and for current expenses at said institution a sum not ex-
ceeding thirty-four thousand dollars ; and for boarding out Salaries, current
children a sum not exceeding three thousand dollars.
Section 2. This act shall take effect upon its passage.

Approved February 6, 1884.

An Act making appropriations for salaries and expenses QJidn. 13
AT THE state workuouse.

Be it enacted, etc., as folloios:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the payment ot
salaries and expenses at the state workhouse, during the
year eighteen hundred and eighty-four, to wit: —

For the payment of salaries and labor at the state work- state work-
house, a sum not exceeding eleven thousand dollars ; and a^tl^Heaand
for current expenses at said institution, a sum not exceed- current

• I Till expeuses.

ing twenty-nine thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 6, 1884.

18 1884. — Chapters 14, 15, 16.

Chcip. 14 ^^ Act to provide for the cake and custody of the (;om-

MOKWEALTH BUILDING ON MOUNT VERNON STREET, IN THE CITY
OF BOSTON.

Be it enacted, etc., as follows :

umiJo" the"*' Section 1. The sergeant-at-arms, the secretary and
Commonwealth the trcnsurer of the Commonwealth, and the joint standino^

Building m . /• I 1 • I 1 1 °

Boston. committee or the Icgishiture on the state house, respect-

ively, shall have the same powers and perform the same
duties with relation to the building known as the Common-
wealth Building, and appurtenances on Mount Vernon
street in the city of Boston, acquired by the Common-
wealth under authority of chapter two hundred sixty-two
of the acts of the year eighteen hundred eighty-two, that
they have by existing laws in relation to the state house.

Amendment to SECTION 2. Scctiou tcu of chapter tivc of the Public
Statutes is hereby amended by striking out in the sixth
line in said section the words " at the house on Pemberton
square," and inserting in place thereof the words " at the
Commonwealth Buildinjj."

Section 3. This act shall take effect upon its passage.

Approved February 6, 1884.

(JJiajf, \^ ^^ Act CONCERNING THE EMPLOYMENT OP CLERKS AND OTHER
ASSISTANCE IN THE OFFICE OF THE SECRETARY OF THE COM-
MONWEALTH.

Be it enacted, etc., as follows:
Additional Section 1. The secretary of the Commonwealth may

£ill0WciTicc tor

clerk hire. employ at au expense not exceeding eleven thousand dollars
a year, a messenger and such additional clerks and other
assistance as may be necessary for the despatch of i)ublic
business : provided, that no person so emplo3ed shall re-
ceive com{)eusation or salary at a rate exceeding twelve
hundred dollars a year.

^n^""^^- Section 2. So much of section ten of the fifteenth

chapter of the Public Statutes as is inconsistent with this
act is hereby repealed. App)roved February 7, 1884.

Chcnj 16 ^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES

OF THE DISTRICT POLICE FORCE.

Be, it enacted, etc., asfolloius:
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the payment of

1884. — Chapters 17, 18. 19

salaries and expenses of the district police force, during
tlie yenr eighteen hundred and eighty-four, to wit : —

For the sahiry of the chief of the district police force, a chief of district
sum not exceeding one thousand seven hundred dollars. ^° '^^'

For the compensation of the district police force, a sum District police,
not exceeding eighteen thousand dollars.

For travel lini; expenses actually paid by members of Travelling

1 •! 1111 expenses.

said force, a sum not exceeding nine thousand dolhirs.

For incidental and continireut expenses of the district incidental and

, ^ T *■ , 1 /• contingent

police force, a sum not exceeding two thousand hve expenses.
hundred dolhirs.

Section 2. This act shall take effect upon its passage.

Aj)proved Fehurary 12, 1884.

Ax Act to AUTHOKIZE the city of BROCKTON to effect an QJigr)^ 17
ADDITIONAL WATEli LOAN. -^ *

Be it enacted, etc., as follows :

Section 1. The city of Brockton, for the purposes MaycAVctan

.. , . .• /• <• 1 i. Ill 1 ntlditiunal water

mentioned in section tour of chapter one hundred and loan.
twenty-four of the acts of the year eighteen hundred sev-
enty-eight, may issue notes, bonds or scrip from time
to time, signed by the treasurer and conntersigned by the
mayor, to be denominated on the face thereof " Brockton
Water Loan," to an amount not exceeding one hundred
thousand dollars in addition to the amounts already author-
ized by law to be issued by the town or city of Brockton
for the same purposes ; said notes, bonds or scrip to be
issued upon the same terms and conditions and with the
same powers as are provided in said act for the issue of the
♦'Brockton Water Loan," by the town of Brockton : pi'o-
vided, that the whole amount of such notes, bonds or scrip whoieamonm
issued by said city,'together with those issued by said town $320,000.
and city for the same purposes, shall not in any event ex-
ceed the amount of three hundred and twenty thousand
dollars.

Section 2. This act shall take effect upon its accept- Jpon accept*
ance by a vote of two-thirds of all the members of each ''"ce.
branch of the city council of said city of Brockton.

Approved February 12, 1884.

An Act to autuorize the city of newton to effect an ad- (JJiap. ]8

DITIONAL W^ATER LOAN.

Be it enacted, etc., as follows:

Section 1. The city of Newton, for the purposes men- May effect an
tioned in section five of chapter three hundred and forty- loan.

1884 — Chapter 19.

Whole amount
not to exceed
$1,050,000.

To take effect
upon accept-
ance.

four of the acts of eighteen hundred seventy-two, nnay
issue notes, bonds or scrip from time to time, signed by the
treasurer and countersigned by the mayor, to be denom-
inated on the face thereof " Newton Water Loan," to an
amount not exceeding one hundred thousand dollars in
addition to the amounts heretofore authorized by law to be
issued by the town or city of Newton for the same
purposes ; said notes, bonds and scrip to be issued upon
the same terms and conditions and with the same powers
as are provided in said act for the issue of the " Newton
Water Loan," by the town of Newton -.provided, that the
whole amount of such notes, bonds and scrip issued by
said town or city, together with those already authorized,
shall not in any event exceed the amount of ten hundred
and fifty thousand dollars.

Section 2. This act shall take effect upon its accept-
ance by a vote of two-thirds of all the members of each
branch of the city council of said city of Newton.

Approved February 12, 1884.

May effect an .
additional water
loan.

Chap. 19 -^N Act to autuorize the town of northborough to effect

AN additional water loan.

Be it enacted, etc., as follows :

Section 1. The town of Northborough, for the pur-
poses mentioned in section four of chapter one hundred
and niiu't^^-two of the acts of the year eighteen hundred
and eighty-two, may issue bonds, notes or scrip to be de-
nominated on the fjice thereof " Northborough AVater
Loan," to an amount not exceeding fifteen thousand dollars
in addition to the amounts heretofore authorized by law
to be issued by said town for the same purposes ; said
bonds, notes or scrip are to be issued upon the same terms
and conditions and with the same powers as are provided
in said act for the issue of the " Northborough Water
Whole amount Loan," bv Said town : provided, that the whole amount of

not to exceed i i "i • • i i

$75,000. such bonds, notes or scrip issued by said town, together

with those heretofore issued by said town for the same
purposes, shall not in any event exceed the amount of sev-
enty-five thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 12, 1884.

1884. — Chapters 20, 21. 21

An Act to authorize the town of welleslev to effect an QJi^j)^ 20
additional water loan.

Be it enacted, etc., as follows :

Section 1. The town of Welleslev, for the purposes M!.yefifectnn

-, . ,. ,. ^1, 1 IT 1 additional water

mentioned in section hve or chapter one hundred and loan.
sixty-six of the acts of the year eighteen hundred and eighty-
three, may issue notes, bonds or scrip to be denominated
on the face thereof " Wellesley Water Loan," to an
amount not exceeding seventy-tive thousand dolUirs in ad-
dition to the amounts heretofore authorized by law to be
issued by said town for the same purposes ; said notes,
bonds or scrip are to be issued upon the same terms and
conditions and with the same powers as are provided in
said act for the issue of the " Wellesley Water Loan," by
said town: provided, that the whole amount of such notes, whoie amount
bonds or scrip issued by said town, together with those $125,000'.'"'*'
heretofore issued by said town for the same purposes,
shall not in any event exceed the amount of one hundred
and twenty-tive thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 12, 1884.

An Act making api'ropuiations for certain educational ex- (JJicijj, 21

PENSES.

Be it enacted, etc., as folloivs :

Section 1. The suras hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, unless otherwise
ordered, for the purposes specified, to wit : —

For the support of normal schools, a sum not exceeding Normal schools.
sixty-two thousand and thirty-four dollars, to ba paid out
of the moiety of the income of the school fund applicable
to educational purposes.

For the support of the state normal art school, to in- Normal art

' schools.

elude rent, taxes, etc., a sum not exceeding htteen thou-
sand nine hundred and seventy-five dollars, to be paid
from the unappropriated balance of the moiety of the in-
come of the school fund applicable to educational purposes,
and the excess, if an}', from the treasury.

For teachers' institutes, a sum not exceeding two thou- '^^^^^^^^
sand dollars, to be paid out of the moiety of the income of
the school fund applicable to educational purposes.

For county teachers' associations, a sum not exceeding

1884. — Chapter 22.

County

toachers'

associations.

Massaelnisftts

teachers'

association.

Sal iries and
expeines of
agents.

Incidental
expeuseB.

Dukes County

teachers'

association.

Aid to pupils
in normal
schools.

Expenses of
board of
education.

Institution for
the blind.

Deaf and
dumb.

State library.

Income of the
Rogers bool£
fund, etc.

three hiind red doUurs, to bo paid out of the moiety of the in-
come of the school fund applicable to educational purposes.

For the Massachusetts teachers' association, the sum of
three hundred dollars, to be paid out of the moiety of the
income of the school fund applicable to educational pur-
poses, subject to the approval of the state board of educa-
tion.

For the salaries and expenses of the agents of the board
of educatidu, a sum not exceeding eight thousand one
hundred dollars.

For incidi n'.il expenses of the board of education, and
for the secretary thereof, a sum not exceeding one thou-
sand two hundred dollars.

For the Dukes county teachers' association, the sum of
fifty dollars.

For aid to pupils in state normal schools, a sum not ex-
ceeding four thousand dollars, pniyable in semi-annual pay-
ments, to be expended under the direction of the board of
education.

For travelling and other necessary expenses of the board
of education, a sum not exceeding four hundred dollars.

For the Perkins institution and Massachusetts school
for the blind, the sum of thirty thousand dollars.

For the sup|)()rt of Massachusetts beneficiaries in
•asylums for the deaf and dumb, and in other institutions
of the same character, a sum not exceeding forty thousand
dollars.

For the contingent expenses of the state library, to be
expended under the direction of the trustees and librarian,
a sum not exceeding eight hundred dollars.

The income of the Rogers book fund, of the Todd nor-
mal school fund, and of the two technical educational
funds, shall be expended in accordance with the provisions
of the various acts relating thereto.

Section 2. This act shall take effect upon its passage.

Approved February 14, 1884.

Chan 2^ ^^ ^^^ kelating to the distkibltion of the school fund.

Be it enacted, etc. , as follows :
Distribution of Sectiox 1. Ouc half of the annual income of the
ttie sc'hoorfund. school luud of the Commonwealth shall be apportioned and
distributed without a specific appropriation for the sup-
port of public schools, and in the manner following, to
wit: — every town complying with all laws in force lelat-

1881. — Chapters 23, 24. 23

iiig to the distribution of said income, and Avhose valua-
tion of real and personal estate, as shown by the last
returns thereof, does not exceed one-half million dollars,
shall annually receive three hundred dollars; every such
town who?e valuation is more than one-half million dol-
lars, and does not exceed one million dollars shall receive
two hundred dollars; every such town whose valuation is
more than one million and does not exceed three million
dollars shall receive one hundied and fifty dollars. The
remainder of said half shall be distributed to all the cities
and towns whose valuation does not exceed ten million
dollars, in ]:)roportion to the number of persons between
five and fifteen years of age belonging to each. All
money appropriated for other educational purposes, unless
otherwise specially provided, shall be paid from the other
half of said income. If the income in any year exceeds
such appropriations, the surplus shall be added to the
principal of said fund.

Section 2. Section three of chapter forty-three of the Repeat.
Public Statutes is hereby repealed.

Section 3. This act shall take effect npon its passage.

Approved February 14, 1884.

An Act to change the name of "the propuietoks of the f^Lr/j-) 9Q

MEETING-HOUSE IN HOLLI8 STREET IN THE TOWN OF BOSTON." ^

Be it enacted, etc., as follows:

Section 1. The name of the religious society known Name changed
as "The Proprietors of the Meeting-House in Hollis church!^
Street in the town of Boston," is changed to and shall
hereafter bo know^n by the name of " Hollis Street Church."

Section 2. This act shall take effect upon its passage.

Approved February 14, 1884.

An Act to change the name of the " chapel congregational /^7,«^^ Oi
church in cambridgeport." ^ '

Be it enacted, etc., as follows :

Section 1. The name of the " Chapel Cons^reirational p"!? changed
_, . . ^ I _ o ."^ to w iioii Mem-

Church in Cambridgeport," a religious society organized oriai church in
under the general laws of the Commonwealth on the sec- "* ' »*'p°'^ ■
onil day of March in the year eighteen hundred and eighty-
three, is changed to the " Wood Memorial Church in
Cambridgeport."

Section 2. This act shall take effect upon its passage.

Approved February 14, 1884.

1884. — Chaptek 25.

Chap. 25

Appropriations.

Printing nnfl
binding public
documontB.

Pamphlet edi-
tion of acts and
resolves.

' Blue Book.'

Newpp-iper
publication.

AssesBorn*
l)Ook« and retfis-
traiion blanks.

Provincial
statutes.

Term reports.

Eiiiting regis-
tration report.

Paper for the
Commonwealth

Tables and in-
dexes to
statutes.

An Act making appropriations for printing and binding

SUNDRY public DOCUMENTS, AND FOR OTHER PURPOSES.

Be it enacted., etc. , as follows :

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes spec-
iHed, to meet expenses for the year ending on the thirty-
first day of December eighteen hundred and eighty-four,
to wit : —

For printing and binding the public series of documents
under the direction of the secretary of the Common-
Avealth, a sum not exceeding thii'ty thousand dollars.

For printing the pamphlet edition of the acts and re-
solves of the present year, for distribution in the Common-
wealth, a sum not exceeding thirtj'-three hundred dollai's.

For printing and binding the "blue book" edition of
the acts and resolves of the present year, with the gover-
nor's message, and other matters, in the usual form, a sum
not exceeding three thousand dollars.

For the newspaper i)iiblication of the general laws
and all information intended for the public, a sum not ex-
ceeding five hundred dollars.

For assessors' books and registration blanks furnished
cities and towns by the secretary of the Comiuonwcalth, a
sum not exceeding one thousand five hundred dollars.

For preparation for publication and for the publication
of the provincial statutes, a sum not exceeding five thou-
sand seven hundred and fifty-eight dollars ; and for print-
ing volume five province laws, a sum not exceeding three
thousand dollars, and printing one hundred extra copies
of volume two province laws, a sura not exceeding two
hundred and fifty dollars.

For reports of decisions of the supreme judicial court, a
sum not exceeding one thou.sand six hundred dollars.

For editing the registration report, under the direction
of the secretary of the Commonwealth, a sum not exceed-
ing five hundred dollars.

For the purchase of paper for the Commonwealth,
under the direction of the secretary of the Commonwealth,
a sum not exceeding fifteen thousand dollars.

For the preparation of tables and indexes relating to
the statutes of the present year and subsequent years.

1884 — Chapters 26, 27, 28, 29. 25

under the direction of the governor, a sum not exceeding
three hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 15, 1884.

Chap. 26

An Act to autiioiuze the Massachusetts hojkeopatuic hos-
pital TO noLu additional real and personal estate.

Be it enacted, etc., as follows :

Section 1. The Massachusetts Homoeopathic Hospital Jfiy hold addu

. ^ , . . ' tional estate.

IS authorized for the purposes set forth in its act ot incor-
poration to hold property to the amount of six hundred
thousand dollars, of which one-half may be in real estate.
Section 2. This act shall take effect upon its passage.

Approved February 18, 1884.

An Act to authorize the American unitarian association to (J/inij 27
hold additional real and personal estate.

Be it enacted, etc., as follows:

Section 1. The American Unitarian Association is ^ay hold addi-
authorized for the purposes set forth in its act of incorpo-
ration to hold real and personal estate to an amount not
exceeding four hundred thousand dollars in addition to
what is now authorized by law.

Section 2. This act shall take effect upon its passage.

Approved February 18, 1884.

Chap. 28

An Act authorizing the united states hotel company to
increase its capital stock.

Be it enacted, etc , as foUoics :

Section 1. The United States Hotel Company is au- May increase
thorized, subject to the provisions of the general laws '='*p'^'''' ^'<*<'^-
relating to corporations, to increase from time to time its
capital stock to an amount not exceeding the limit fixed
by its charter.

Section 2. This act shall take effect upon its passage.

Approved Fthruary 18, 1884.

An Act to authorize the town of natick to issue secuki- niinj) 90

TIES FOR THE PURPOSE OF MEETING CERTAIN WATER BONDS

Be it enacted, etc , as follows :

Section 1. The town of Natick for the pun)ose of May issue

, . . , , 1 • I , 1 • 1 1 DoiidH, etc., for

renewing certain water bonds which were authorized by renewal of
section five of chapter seventy-six of the acts of eighteen bond!? '''"*'''^

26 1884. — Chapter 30.

hundred seventy-three, now becoming due, may issue
notes, bonds or scrip, to be denominated on the face
thereof " Natick Water Loan," to an amount not exceed-
ing eighty-five thousand dollars, bearing interest not ex-
ceeding five per centum per annum, payable semi-annu-
ally, the principal being payable at periods not more than
twenty years from the date of issuing said notes, bonds or
scrip.
Mayeeiior Spxtion 2. Said towu mav sell such securities at pub-

itjt's. lie or private sale, or pledge the same for money borrowed

for the purposes of this act, upon such terms and condi-
tions as it may deem proper; and it shall provide at the
time of contracting said loan for the establishment of a
Sinking fund to sinking fuud, and shall contribute thereto from year to
year an amount sufficient with its accumulations to pay the
l)rincipal of said loan at maturity ; which sinking fund
shall remain inviolate and pledged to the payment of said
loan, and shall be used for no other purpose.

Section 3. This act shall take effect upon its passage.

Approved Fehrnanj IS, 1884.

Chen). 30 ^'^ ^^^ ^^ CONFIRM A DEED FROM THE PROPRIETORS OF THE
LOCKS AND CANALS ON CONNECTICUT RIVER TO THE HOLYOKE
WATER POWER COMPANY, AND TO DISSOLVE THE FIRST NAMED
CORPORATION.

Be it eriactecl, etc., as foUoios:

Deed of the Section 1. Thc deed of the Proprietors of the Locks

the Locks and Rud Caiials OH Conuccticut River to the Holyoke AVater
Rh"e^r\o"the"""' Powcr Compauy, dated the twenty-fourth day of Novem-
Powcfr^Com-'''^'^ '^^i*, A. D. eighteen hundred eighty-three, and recorded
Earned™" '^^- ^^^ registiy of deeds for the county of Hampden, book

four hundred and two, page one hundred and twenty-one,
and in the registry of deeds for the county of Hamsphire,
book three hundred and eighty-four, page three hundred
and fifty-seven, is hereby authorized, sanctioned and con-
firmed, and the Holyoke Water Power Company shall be
deemed and taken to have thereby acquired, and shall
exercise and enjoy all the property, estates, powers and
privileges which the proprietors of the locks and canals
on Connecticut River owned, possessed and enjoyed at
the time of said deed, and which said proprietors under-
took thereby to convey and release to the Holyoke Water
Power Company, subject to all the duties, liabilities and
restrictions set forth in all general or special laws which

188i. — Chapters 31, 32. 27

then weie or thereafter might be in force relating to such
companies or either of them.

Section 2. The proprietors of the locks and canals corporation
on Connecticut River shall, from and after the passage ot
this act, cease to be a corporation in the same manner and
to all intents as if the act incorporating said company and
the several acts in addition thereto would then have ex-
pired by their own limitation.

Section 3. This act shall take effect upon its passage.

Approved February IS, 1884.

An Act to authorize ^he industrial school for girls to QJkiij^ 31

HOLD additional REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

Section 1. The Industrial School for Girls, incorpo- TiioindHstriai
rated by chapter eighteen of the acts of the year eighteen mV'iioid addi*
hundred and fifty-five, is hereby authorized to hold real ^'"""i ^'^'^^e-
and personal estate to an amount not exceeding one hun-
dred thousand dollars.

Section 2.. This act shall take effect upon its passage.

xipproved February 18, 1884.

An Act MAKING APPROPRIATIONS FOR COMPENSATION AND MILEAGE ni^rij^ Q9
OF OFFICERS AND MEN OF THE VOLUNTEER MILITIA, AND FOR ^ *

OTHER EXPENSES OF THE MILITARY DEPARTMENT.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are Appropriations.
appropriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-tirst day of December in the year eighteen hundred
and eighty-four, to wit : —

For the compensation of officers and men of the volun- compensation.
teer militia, a sum not exceeding seventy thousand dollars.

For transportation of officers and men of the volunteer Transportation.
militia while on military duty, a sum not exceeding thirteen
thousand dollars.

For incidental and contingent expenses of the adjutant- Adjutant

,,, ~ Ti ^1 1 General.

general s department, a sum not exceeding three thousand
dollars.

For rent of brigade and battalion headquarters and com- neadquarters

, T j.y.' I. „ t\ .„„! and armories.

))any armories, a sum not exceeding thirty-one thousand
dollars.

Medical
supplies.

28 188J:. — Chapter 33.

Gener'ia"'^*'*^'^' ^"^ incidental and contingent expenses of the quarter-
master-general's department, a sum not exceeding five
thousand dollars.

^p^jHes™^***'"' ^^^' qii^^^rtermasters' supplies, a sum not exceeding
twelve thousand dollars.

Care of camp For gradiuor and care of the camp orround of the state

ground. ~. ~ , i ~

at Framingham, a sum not exceeding five hundred dollars.
H^co'unu ^^^^" "military accounts in connection with the volunteer

militia, not otherwise provided for, a sum not exceeding
four thousand dollars.

For medical supplies for the use of the volunteer militia,
a sum not exceeding five hundred dollars.
Genera"' ^^^ incidental and contingent expenses of the surgeon-

general, a sum not exceeding five hundred dollars.
(^fflcer8*<ftc ^"^ expenses in connection with the record of Massa-

chusetts officers, sailors and marines, a sum not exceeding
five hundred dollars.
U)'^be^appi'iId"to ^^^y sums of money received under the provisions of
piirciiasu of section eighty-eight of chapter fourteen of the Public
supplies. Statutes, and from the sale of grass at the state camp

ground, may be expended by the quartermaster-general
under the direction of the governor and council for the
purchase of other military supplies, and for the care and
improvement of said ground.

Section 2. This act shall take efiect upon its passage.

Approved February 20, 1884.

(JJlCip. 33 ^^ ^CT TO RATIFY AND CONFIRM TUE PROCEICDINGS OF FIRE DISTRICT
NUMBER ONE OF NORTH ATTLEBOROUGH.

Be it enacted, etc., as follows:
Proceedings SECTION 1. The meetings heretofore held by the in-

habitants of Fire District Number One, North Attle-
borough, under and by virtue of the acts of the legislature
of Massachusetts relating to fire districts or of chapter
one hundred eighty-one of the acts of eighteen hundred
eighty-three, the votes and proceedings of said meetings,
and all bonds and contracts authorized by said acts and by
vote of such meetings, are hereby ratified, confirmed and
made valid so far as the same may have been invalid from
want of strict conformity to the requirements of said acts
or from defects in the records of any such meetings.
Section 2. This act shall take effect upon its passage.

Approved February 27, 1884.

1884. — Chapters 34, 35, 36. 29

An Act to extend the limitation of time for the payment of /^/./-.vi 34

STATE AID TO INVALID PENSIONEIiS AND THEIR DEPENDENT RELA-
TIVES.

Be it enacted, etc., as folloivs :

Section 1. The limitation of time for the payment of ^/Jj^^^^/Pljy;
state aid named in sections two and nine of chapter thirty aid to invalid

•■ , "^ j)L'nsioiR'i«, etc.,

of the Puhlic Statutes is hereby extended to the hrst day to be extended.
of January eighteen hundred and ninety ; and all the pro-
visions of said chapter in any way relating to the payment
of state aid to invalid pensioners and their dependent rela-
tives shall remain and continue in force as they now are,
till the said tirst day of January eighteen hundred and
ninety.

Section 2. This act shall take effect on the first day
of January eighteen hundred and eighty-five.

Approved February 27, 1884.

An Act to extend the time within which the Charles river r^h^j) Q^

EMBANKMENT COMPANY SHALL PERFORM CERTAIN WORK. ^ '

Be it enacted, etc., as folloivs:

Section 1. The time within which the Charles River Time extended
Embankment Company is required by section five of chap- char'iesliiver
ter tw^o hundred and eleven of the acts of the year eighteen o<^p',',^8haii
hundred and eighty-one, to deposit on the territory de- p""^^|^'*™ <='^'"*^'°
scribed in said act not less than three hundred thousand
cubic yards of earth dredged from Charles River basin, in
such localities and to such depths as the harbor and land
commissioners shall prescribe, is hereby extended to the
first day of May in the year eighteen hundred and eighty-six.

Section 2. This act shall take effect upon its passage.

Approved February 27, 1884.

An Act to authorize the west springfield aqueduct company Ql^ay^ QQ

TO issue bonus.
Be it enacted, etc., as follows:

Section 1. The West Springfield Aqueduct Company May issue bonds
in addition to the powers granted under chapter one hun- mortgage.
dred and thirty-eight of the acts of the year eighteen
hundred and seventy-five may issue bonds and secure the
same by a mortgage on its franchise and other property,
to an amount not exceeding its capital stock actually paid
in and applied to the purposes mentioned in the said act.

Section 2. This act shall take effect upon its passage.

Approved February 27, 1884.

1884 — Chapters 37, 38, 39,

Provisions of
P. S. 98, nol to
constitute a tie-
fence.

Chcip. 37 '^'^ Act relating to actions for injuiues received on the

lord's day.
Be it enacted, etc., as follows:

Section 1. The provisions of chfipter ninety-eight of
the Public Statutes relating to the observance of the Lord's
day shall not constitute a defence to an action for a tort or
injury suffered by a person on that day.

Section 2. This act shall take effect upon its passage.

Approved February 27, 1884.

ChCin. 38 -^'"^ ^^^ ^^ ESTABLISH THE SALARY OF THE EXECUTIVE MES-
SENGER.

Be it enacted, etc., as folloivs:

Section 1. The annual salary of the executive mes-
senger shall be nine hundred dollars from the first day of
January in the year eighteen hundred and eighty-four.

Section 2. So much of section six of chapter fifteen
of the Public Statutes as is inconsistent with this act is
hereby repealed. Approved February 27, 1884.

Salary estab-
lished.

Repeal.

Chap. 39

Appropriations.

Printing and
bindii g,
ordered by
legislature.

Senate
stationery.

House
stationery.

8ergeant-at-
arms, station,
ery, etc.

Incidental and

contingent

expenses.

An Act in further addition to an act making appropria-
tions FOR THE MAINIENANCE OF THE GOVERNMENT THE PRES-
ENT YEAR.

Be it enacted, etc., as follows:

Secpion 1. The sums hereinafter mentioned are ap-
propriated, for the purposes specified, to be paid out of
the treasury of the Commonwealth, from the ordinary
revenue, unless otherwise ordered, to meet current ex-
penses of the year ending on the thirty-first day of Decem-
ber, eighteen hundred and eighty-four, to wit : —

For printing and binding ordered by the senate and
house of representatives, or by concurrent order of the
two branches, a sum not exceeding twenty thousand dol-
lars.

For stationery for the senate, purchased by the clerk
of the senate, a sum not exceeding nine hundred dollars.

For stationery for the house of representatives, pur-
chased by the clerk of the house of representatives, a sum
not exceeding sixteen hundred dollars.

For books, stationery, printing and advertising ordered
by the sergeant-at-arms, a sum not exceeding eight hun-
dred dollars.

For incidental and contingent expenses of the sergeant-
at-arms, a sum not exceeding three hundred dollars.

188i. — Chapter 39. 31

For postage, printing and stationery of the executive council, print-
council, a sum not exceeding five hundred dollars. 8utiol)ery.

For contingent expenses of the governor and council, a Governor and
sum not exceeding one thousand five hundred dollars. penses.'*'''

For the contingent expenses of the executive depart- Executive fie.
ment, the sum of three thousand dollars. penst's*!" ' '^'^

For postage, printing and stationery of the executive Postage, print-
department, a sum not exceeding eight hundred dollars, luiioiiery.

STATE HOUSE EXPENSES, ETC.

For fuel and Ijohts for the state house, a sum not ex- state house,

. ^ n 1 ,1 fuel and lights.

ceeding six thousand dollars.

For repairs, improvements and furniture of the state Repairs and

T 1 1 11 furniture.

house, a sum not exceeding ten thousand dollars.

For repairs, improvements and furniture at the Com- Commonwealth
mgnwealth building, a sum not exceeding five thousand
dollars.

INCIDENTAL AND CONTINGENT EXPENSES.

For incidental expenses in the department of the secre- incidental ex-
tary of the Commonwealth, a sum not exceeding three secretary.
thousand dollars.

For incidental expenses in the department of the treas- Treasurer.
urer and receiver-general, a sum not exceeding one thousand
six hundred dollars.

For incidental and contingent expenses in the tax com- Tax com-

,1 ~ Til 1 niissioner.

missioner s department, a sum not exceeding three thousand
dollars.

For incidental expenses of the commissioner of corpo- commissioner

.^ !•/• 111111 "^of corporations.

rations, a sum not exceeding four hundred dollars.

For expenses of the state valuation, a sum liot exceed- ^'^te valuation.
ing three thousand dollars.

For incidental expenses in the department of the auditor Auditor.
of the Commonwealth, a sum not exceeding seven hundred
dollars.

For compensation and expenses of the commissioners on commissioners

. 1 1 /. 1 . T r> 1 1 i- on inland

inland nsheries, a sum not exceeding five thousand four iishcries.
hundred and ninety dollars.

For travelling and other necessary expenses of the har- Harbor and

, 111-. J s: land com-

bor and land commissioners, a sum not exceeding one missioners.
thousand dollars.

For incidental and contingent expenses of the harbor incidental and

111 .. ^ Tr»iiJ contingent

and land commissioners, a sum not exceeding five nundred expenses.
dollars.

1881. — Chapter 39.

Insurance
commissioner.

Railroad
commiesioners.

Commissioners
on savings
banks.

Attorney-
general.

Inspectors of
gas-inctcra.

Contagious
diseases among
horses and
cattle.

Reimlmrsement
fur state and
military aid.

Postage, print-
ing, etc.

Bounties to
soldiers.

For incidental expenses of the insurance commissioner's
tlepaj'tment, a sum not exceeding three thousand dollars.

For compensation of experts or other agents, for rent
of office and for incidental and contingent expenses of the
railroad commissioners, a sum not exceeding four thousand
five hundred and fifty dollars.

For travelling and incidental expenses of the commis-
sioners on savings banks, the same to include expenses in-
curred in auditing the accounts of county officers, a
sum not exceeding one thousand five hundred dollars.

For incidental expenses of the attorney-general, a sum
not exceeding one thousand one hundred dollars ; and for
expenses of civil actions, a sum not exceeding tljiree
hundred dollars.

For travelling expenses of the inspector and assistant
inspector of gas meters, a sum not exceeding six hundred
dollars ; and for furnishing such additional apparatus as
the inspector of gas meters may find necessary, a sum not
exceeding two hundred dollars.

For the purpose of exterminating contagious diseases
among horses and cattle, a sum not exceeding one thousand
five hundred dollars.

For the re-imburseraent of cities and towns for money
paid on account of state and military aid to Massachusetts
volunteers and their families, a sum not exceeding three
hundred and seventy-tive thousand eisht hundred dollars ;
the same to be payable on or before the first day of
December of the present year.

For jiostage, printing and all other necessary expenses
in carrying out the provisions of the state and military aid
laws, a sum not exceeding five hundred dollars.

For payment of bounties due to Massachusetts soldiers,
a sum not exceedinjr one thousand dollars.

Bounties to
societies.

Expenses of
board.

Expenses of
secretary.

AGRICULTURAL.

For bounties to agricultural societies, a sura not exceed-
ing seventeen thousand two hundred dollars.

For travelling and necessary expenses of the members
of the board of agriculture, a sum not exceeding one
thousand six hundred dollars.

For travelling and other necessary expenses of the secre-
tary of the board of agriculture, a sum not exceeding five
hundred dollars.

1884. — Chapter 39. 33

For incidental expenses of the board of agriculture, a incidental
sura not exceeding five hundred dollars. expenses.

For raaintainino; an aijricultural experimental station at Agricultural

1 -m » 1 • 1 1 11 • 1 J f experimental

the Massachusetts airricultural college, in the town ot station.
Amherst, the sum of five thousand dollars.

For the Massachusetts asfricultural collo*;e, for the pur- Free scholar-

, . 7 ships.

jiose of providing eighty free scholarships, the sum of ten
thousand dollars.

The fees under section twelve of chapter sixty of the Anaiysisof
Public Statutes are hereby appropriated to be used in
accordance with the provisions of said section.

MISCELLANEOUS.

For expenses in connection with the removal of wrecks Removal of
and other obstructions from tidewaters, a sum not exceed- "^"^'^'*'
ing five thousand dollars.

For the payment of unclaimed moneys in the hands of f4°"f7of'"
receivers of certain insolvent coriiorations, after the same receivers of

h, T ' A ^ • i^ 1 1 A A certain insolvent

as been deposited in the state treasury, a sum not ex- corporations.

ceeding ten thousand dollars; and for expenses in connec-
tion therewith, a sum not exceeding two hundred dollars.

To carry out the provisions of the act relative to the Funds received
payment by the treasurer of the Commonwealth of funds atohristrators.
received from public administrators, a sum not exceeding
four thousand dollars.

For additional compensation for the clerks of the senate cierks of senate
and house of representatives for the year eighteen hundred ^"'^'^°"*^-
and eighty-three, one thousand dollars.

For expenses incurred in the construction and repair of Roads in

1 • 1 /• A r 1 -\ • • 1 Mashpee.

roads in the town ot Mashpee during the year eighteen
hundred and eighty-three, the sum of three hundred
doHars.

To the sheriffs of the different counties for distributing sheriffs.
proclamations, blanks, and making return of votes, a sum
not exceeding five hundred dollars.

For weights, measures, balances and reports for sundry weights and
newly incorporated towns, a sum not exceeding eight •^'=''^"''®^-
hundred dolhirs.

For travelling and other necessary expenses of the Travelling ex-
trustees of the state primary, reform and industrial schools, uuMec8°'etc.
a sum not exceeding one thousand two hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 29, 1S84.

34 1884. — Chapters 40, 41.

ChoT). 40 An Act to civroE the county of Worcester into tavo dis-

TiaCTS for the registry of deeds.

Be it enacted, etc., as follows:

Two districts Section 1. The county of Worcester is divided into

of deeds. " two distijcts for the registry of deeds, as follows: —

The city of Fitchbnrg and the towns of Lunenburg,

Leominster, Westminster and Ashbiirnham constitute the

Northern District, and the office thereof shall be kept in

the court house in the city of Fitchbnrg. The remainder

of said county constitutes the Worcester District, and the

office thereof shall be kept in the city of Worcester.

Worcester . ~ .

county to be tcr couuty shall be the register of said Worcester District
Worcester uutil souic otlicr pcrsou is choscu and qualified in his
district. stead. All laws in force when this act shall take effect,

relative to registers and registries of deeds, shall apply to

the above districts hereby created.
Register for SECTION 3. Thc govcruor aud council shall, on or be-

northern dis- /. i ,. ■• /. t • • i i

tricttobe torc the farst day or June next, appomt some suital)le per-

appoiii e . ^^^^^ ^^^ 1^^ ^j^^ register of deeds for said Northern District,

until some person is chosen and qualified in his stead.
beSert^d'to*' SECTION 4. Tho register of deeds for said Worcester
register for Dlstrlct shall, ou dcmaud, deliver to the custody of tho

nortliern dis- . nit r -ixt i t>>' • i yy i\ • •

uici. register or deeds lor said Northern District all tlie origi-

nal deeds and other instruments recorded and remaining in
the office of the former, conveynig or relating to land or
estates situated in said last named district.

When to take SECTION 5. This act shall take effect on the first day
of August next, excepting as to the appointment of regis-
ter as is provided in the third section hereof, and for this
latter purpose it shall take efTect on the first day of May
next. Approved February 29, 1884.

Cltan 41 A'^ ^^^ ^*-* AUTHORIZE THE TRUSTEES OF THE EPISCOPAL THEO-
LOGICAL SCHOOL AT CAMBRIDGE TO HOLD ADDITIONAL REAL AND
PERSONAL ESTATE.

Be it enacted, etc., as follows:

May bold real The trustces of the Episcopal Theological School at

estatrtTthe Cambridge are hereby authorized to hold real and per-

$T,5TO,ooo. sonal estate to the amount of one million and five hundred

thousand dollars, for the purposes named in their act of

incorporation ; and no device, bequest or conveyance

1884 — Chapters 42, 43. 35

heretofore made to said corporation shall be invalid by
reason of the limit heretofore imposed by their act of
incorporation. Approved February 29. 1884.

An Act to authorize to"\vns to grant and vote money for (J/idp. 42

CERTAIN MEMORIAL PURPOSES.

Be it enacted, etc., as follows:

Section 1. Towns may at legal meetings grant and Towns may

I ii • 1 r /u „ grant money

vote such sums as they nidge necessary for the purpose ot for certain

, , . .1 i. A xi memorial

erecting headstones or other monuments to the memory purposes.
of persons who, accredited to their respective quotas,
served in the military or naval service of the United
States in the revolutionary war, the war of eighteen hun-
dred and twelve, the Seminole war, and the Mexican war,
and for keeping in repair and decorating such monuments
and the graves of such persons.

Section 2. This act shall take effect upon its passage.

Approved February 29, 1884.

An Act in relation to the salaries and duties of certain (JJian. 43

OFFICERS OF the REFORMATORY PRISON FOR WOMEN.

Be it enacted, etc., as follows:

Section 1. The chaplain of the reformatory prison chapiainofthe
for women shall in addition to her other duties act as as'te^acher"!"
teacher, and shall in that capacity have charge of the pris-
on school and instruction of the prisoners, under such
rules as shall from time to time be established by the
superintendent and approved by the commissioners of
prisons.

Section 2. The office of school-mistress in said prison office abolished.
is hereby abolished.

Section 3. The salary of the deputy superintendent saiary of the

r -1 • 1 II I i2 1 1 ..1 ^ "^ . ^ r. . deputy snper-

ot said prison shall be hxed by the commissioners ot pris- imendent.
ous, but shall not exceed eight hundred dollars per
annum.

Section 4. So much of chapter two hundred and Repeal.
twenty-one of the Public Statutes as is inconsistent with
this act is hereby repealed.

Section 5. This act shall take effect upon its passage.

Approved March 1, 1884.

36 1884. — Chapters 44, 45, 46, 47.

QJiap. 44 ^^ ^^"^ '^^ AUTHORIZE THE STATE MUTUAL LIFE ASSURANCE COM-
PANY OF WORCESTER TO PURCHASE AND HOLD ADDITIONAL REAL
ESTATE.

Be it enacted^ etc., as follows :

Slifilaireai Section 1. The State Mutual Life Assurance Com-
eetate. paiiy of WoFcester, incorporated under chapter one hun-

dred and seventj'-seveu of the acts of the year eighteen
hundred and forty-four, is authorized to purchase and
hold real estate to an amount not exceeding two hundred
thousand dollars, subject, however, to the provisions of
chapter twenty-five of the acts of the year eighteen hun-
dred and sixty-six.

Section 2. This act shall take effect upon its passage.

Approved March 1, 1884.

CllCin, 45 -^^ -^CT TO PROVIDE FOR AN ALLOWANCE TO CERTAIN OFFICERS

IN THE VOLUNTEER MILITIA.

Be it enacted, etc., as follows:
Aiiow.inceto SECTION 1. Thd'c shall bc allowcd and paid to each

oflicore for care , , i i i i i

of military cadct corps commuuder and to each company commander
p'opertj. .^^ ^1^^ volunteer militia, for the care of and responsibility

for the military property of the Commonwealth in their
charge, the sum of tifty dollars per annum.

Section 2. This act shall take effect upon its passage.

Approved -March 1, 1884.

An Act to enable the town of everett to raise money to

extend its water pipes.
Be it enacted, etc., as follows :
May raise Section 1. The towu of Evd'ctt is hereby authorized

Kn^warer^" to laisc by taxation, annually, a sum of money not ex-
ceeding two thousand dollars, and appropriate the same
to repairing, laying and extending the water pipes of said
town used for supplying the inhabitants thereof with
water.

Section 2. This act shall take effect upon its passage.

Approved March 1, 1884.

Chap. 46

pipes.

Chap. 47

An Act to provide for the abandonment of the melville

avenue station and the re-location of the centre street

station on the old colony railroad.

Be it enacted, etc., as follows:

Melville sfaiioD Section 1. The boaixl of railroad commissioners is

doYedlnd^"' hereby authorized, at any time prior to the first day of

1884. — Chapters 48, 49. 37

October in the year eifyhteen hundred eighty-four, to allow f^^^^^'n ^g^'"'''"'
the Old Colony Eailroad Company to abandon its station located.
known as the " Melville Station" on that part of its road
known as the " Shawmut Branch," and without further
authority to re-locate its station known as the " Centre
Street Station" at some convenient point to be designated
by the board between where said " Melville " and " Centre
Street" stations now stand.

Section 2. Before authorizing such abandonment or Railroad com.
re-location said board shall give a hearing, after such pub- give a hearing.
lie notice as it may deem proper, to all parties interested,
and if it grants such authority may impose upon said Old
Colony Railroad Company such terms and conditions as it
may consider just and equitable to all parties concerned.

Section 3. This act shall take effect upon its passage.

Approved llarch 1, 1884.

An Act to incorporate tue blackstone valley agricultural (JJkjj)^ 48

SOCIETr.

Be'it enacted^ etc., as follows:

Section 1. Moses Taft, Robert Taft, Daniel W. Taft, corporators.
Henry M. Taft and George W. Hobbs and their associates
and successors within the towns of Uxbridge, Blackstone,
Douglas, Northbridge, Upton, Menclon and Milford are
hereby made a corporation under the name of the Black- Name and
stone Valley Agricultural Society, to be located at Ux-
bridge, for the encouragement of agriculture, horticulture
and the arts, by premiums and other means, with the
powers and privileijes, and subiect to all the duties, Powersand

. . T !• i . 1- • J !• 1 • 11 II duties.

restrictions and liabilities set forth in all general laws
which now are or may hereafter be in force applicable to
such corporations ; and said corporation is hereby author-
ized to hold by purchase, gift, devise or otherwise real
and personal estate to an amount not exceeding fifteen
thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved March 1, 1884.

An Act making additional appropriations for certain ex- (JJid-p^ 49

PENSES authorized IN THE YEAR EIGHTEEN HUNDRED AND
EIGHTY-THREE.

Be it enacted, etc., asfolloivs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Common-

38 1884. — Chaptek 50.

wealth, from the ordinary revenue, for the purposes
specified herein, to wit : —

flpemes^'^ For incidental expenses in the department of the secre-

tary of the Commonwealth, three hundred and fifteen
dollars and twenty-seven cents, which sum shall be paid
from the appropriation of said department for incidental
expenses for the present year.

h^oT'uai' '""'^"'^ For the support of state lunatic paupers at the Danvers
lunatic hospital, forty-two dollars and seventy-one cents.

Worcester j^or the support of statc lunatic paupers at the Worces-

lunatic hoBpital. , -I'li i ni n

ter lunatic hospital, two thousand and twenty-four dollars
and sixty-two cents.

hou'eV^'™*' ^^^ current expenses at the state almshouse at Tewks-

bury, seven thousand six hundred and thirty-one dollars
and thirty-eight cents.

feplirs^etc "^^^ cxpcnscs in connection with the extra repairs, im-

provements and furniture at the state house, ten thousand
seven hundred and thirty doUars and ten cents.

Expenses Yq\ Contingent expenses of the senate and house of

senate anu o l

house. representatives, and necessary expenses in and about the

state house, four hundred and fifty-seven dollars and forty-
five cents.

Fuel and lights. For fucl ami lights for the state house, four hundred
and seventy-five dollars and eighty-two cents.

No. 33 Pember- Yov suudry cxpcnscs in connection with house numbered

ton Square. . . -J i

thirty-three Femberton bquare, and the removal there-
from, three hundred and sixty-nine dollars and seventy-
six cents.

Section 2. This act shall take efi^ect upon its passage.

Ap2)roved March 1, 1884.

(JJlCnj. 50 ^'^ ^^"^ MAKING APPROPIUATIONS FOR SALARIES AND EXPENSES AT
THE STATE PRISON, THE REFORMATORY PRISON FOR WOMEN, AND
FOR EXPENSES IN CONNECTION THEREWITH.

Be it enacted, etc., as follows :

Appropriations. SECTION 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, for the purposes herein specified, from the
ordinary revenue, to meet expenses for the year ending
on the thirty-first day of December, eighteen hundred and
eighty-four, to wit : —

State prison. for payment of salaries at the state prison at Concord,

a sum not exceeding fifty-seven thousand dollars ; and for
other current expenses at said institution, a sum not ex-
ceeding sevent^'-three thousand dollars.

1884. — Chapter 51. 39

For the payraeut of salaries at the reformatory prison Reformatory
for women at Siierborn, a sum not exceeding twenty-one women. "^
thousand dollars ; and for other current expenses at said
institution, a sum not exceeding forty-one thousand eight
hundred dollars.

For the salary of the agent for aiding convicts dis- Agent for dis.
charged from the state prison, one thousand dollars; and victir
for expenses of said agent, a sum not exceeding three
thousand dollars, to be used in rendering assistance to
said convicts.

For the salary of the agent for aiding female convicts Mont for
discharged from the prisons of this Commonwealth, a sum
not exceeding seven hundred dollars ; and for expenses of
said agent, and for assistance to said convicts, a sum not
exceeding twenty-three hundred dolhirs.

For expenses incurred in removing prisoners to and J^'i™"''i"5
from the reformatory prison for women, a sum not exceed-
ing two hundred dollars.

For pavment of the cost of supporting prisoners re- support of

, ' " j^, « ^ • / 4. prisoners.

moved from the retormatory prison tor women, a sum not
exceeding two hundred dollars.

For incidental and contingent expenses of the commis- Comrnissioners
sioners of prisons, a sum not exceeding eight hundred
dollars.

For travellino' expenses of the commissioners of pri- Travelling

II 1 n 1 T -li. expenses.

sons and the secretary thereof, a sum not exceedmg eight
hundred dollars.

For expenses incurred in the arrest of fugitives from Fugitives from
justice, a sum not exceeding two thousand doUars. jus ice.

Section 2. This act shall take effect upon its passage.

Approved March 1, 1884.

An Act making appropijiations for salaries and expenses (JJidj)^ 51

AT THE STATE REFORM SCHOOL FOR BOYS AND THE STATE INDUS-
TRIAL SCHOOL FOR GIRLS.

Be it enacted., etc., as follows:

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, to be paid out ot the treasury of the Common-
wealth, from the ordinary revenue, for the purposes speci-
fied herein.

For the payment of salaries at the state reform school J^f^o™/'^''"''*
for boys, at Weslborough, for the term of six months
ending on the thirtieth day of June eighteen hundred and
eighty-four, a sum not exceeding eight thousand dolhirs;

40 1884 — Chapters 52, 53.

and for other current expenses at said institution, a sum
not exceeding ten thousand dolhirs.
schooTflTr girls. ^'^^^ ^hc payment of salaries at the state industrial school
for girls, at Lancaster, for the year ending on the thirty-
first day of December eighteen hundred and eighty-four,
a sum not exceeding six thousand dolhirs; and for other
current expenses at said institution, a sum not exceeding
ten thousand three hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved March i, 1884.

Cliart. 52 ^^ -^^^^ prohibitIxVG the lockixg of the doors of buildings,

WHEREIN operatives ARE EMPLOYED, DUUING THE HOURS OF
LABOR.

5e it enacted^ etc., as follows :

U)cked durinV^ Section 1. No outsidc or insidc doors of auy buildlng,

hours of labor, wheiciu opcralivcs are employed, shall be so locked,
bolted or otherwise fastened during the hours of labor as
to prevent free egress.

Penalty. SECTION 2. Any pei'sou, firm or corporatiou bciug the

owner, leasee or occupant of any such building who shall,
after receiving five days' notice in writing from one of the
inspectors of factories and public buildings, neglect or
refuse to comply with the provisions of the preceding
section, shall forfeit to the use of the Commonwealth not
less than ten nor more than fifty dollars.

To be enforced SECTION 3. The iusiicctors of factoHes and public

by luspuctora. , . , i . in ■ i • • /• i • '

buildings shall enforce the provisions ot this act.

Section 4. This act shall take effect upon its passage.

Approved March i, 1884.

OkciD. 53 ^^ ^'^^ AUTHORIZING THE CHARLES RIVER STREET RAILWAY COM-
PANY TO ISSUE MORTGAGE BONDS.

Be it enacted, etc., as follows:

May issufi honds Section 1. Thc Chai'lcs River Street Railway Corn-
not oxoeediug „ . . i .1 l c • -^ • • t

$500,000. pany from time to time by the vote ot a majority in inter-

est of its stockholders, at meetings called for the purpose,
may issue coupon or registered bonds to an amount not
exceeding five hundred thousand dollars, for a term not
exceeding twenty years from the date thereof: provided,
that the amount of bonds so issued under the provisions
of this act shall at no time exceed the amount of stock
actually subscribed for and paid in at par at that time ;

1884. — Chaptees 54, 55. 41

and to secure payment thereof, Avilh interest thereon, the May mortgage
said company may make a mortgage of its road and Iran- tixmres.
chise and any part or all of its other property, and may
include in such mortgage property thereafter to be
acquired. Said company may in such mortgage reserve
to its directors the right to sell or otherwise in due course
of business dispose of property included in such mortgage
■which may become worn, damaged or otherwise unsuitable
to be used in the operation of its road ; provided, that an
equivalent in value be substituted in lieu thereof.

Section 2. All bonds so issued shall tirst be approved Bonds to be

t '111 • r ii i. ccntitied.

by some person appointed l)y the corporation tor that pur-
pose, who shall certify upon each bond that it is properly
issued and recorded.

Section 3. This act shall take effect upon its passage.

Approved March 1, 1884.

An Act to incorporate tue "Washington mills company. CJimj. 54
Be it enacted, etc., as folloios :

Section 1. Frederick Ayer, Nathaniel G. White and Corporators.
John S. Farlow, their associates and successors, are here-
by made a corporation by the name of the Washington Name and
Mills Company, for the purpose of manufacturing cotton,
woolen and mixed goods, in the city of Lawrence ; and
for this purpose shall have all the powers and privileges ^^^^eT*"*^
and be subject to all the duties, restrictions and liabilities
set forth in all general laws which now are or may here-
after be in force relating to manufacturing corporations.

Section 2. Said corporation may hold, for the pur- Real estate and

. - , *■ "^ -. • i. r capital stock,

poses aforesaid, real estate necessary and convenient lor
its business, to an amount not exceeding fifteen hundred
thousand dollars, and the whole capital stock shall not
exceed two million dollars, divided into shares of one
hundred dollars each : provided, hoicever, that said cor-
poration shall not go into operation until five hundred
thousand dollars of its capital stock is paid in.

Section 3. This act shall take effect upon its passage.

Approved March 1, 1884.
An Act relating to the payment by insurance companies (JJiap. 55

FOR THE VALUATION OF THEIR POLICIES.

Be it enacted, etc., as foUoivs :

Section 1. Section one hundred and fifty-seven of -^'^<;"j''^^*|"jy^°
chapter one hundred and nineteen of the Public Statutes
is amended so as to read as follows : —

42 1884. — Chapters 56, 57, 58.

Payment by a EvGrv iiisuraiice compaiiv doino; business in this

insurance -J ^ I J o

companies for Commouwealth shtill annually pay into the treasury of the
policies. same, by the way of compensation for the vahiation of its

policies, five mills on every thousand dollars insured by it
on lives."

Section 2. This act shall take effect upon its passage.

Approved March 5, 1884.

ChClT). BQ> ^^ ^'^'^ ^^ LIMIT THE LIABILITY WHICH MAY HE INCURRED BY
ANY ONE PERSON TO SAVINGS BANKS AND INSTITUTIONS FOR
SAVINGS.

Be it enacted^ etc., as follows:
Limit of liability SECTION 1. Clausc sixth of scction twenty of chapter

to be incurred , - ,. /.i-riii'o li-i.

by one person, ouc hundred and sixteen or the rublic otatutes relatmg to
investments by savings banks and institutions for savings
in bonds and other personal securities is hereby amended
by adding thereto the following words: *^ provided, that
the total liabilities to any such corporation, of any person,
or of any partnership, c()m[)any or corporation, for money

Proviso. borrowed upon personal security, including in the lia-

bilities of a partnership, company or corporation the
liabilities of the several members thereof, shall at no time
exceed five per cent, of such deposits and income."

Section 2. This act shall take effect upon its passage.
[Repealed, 1884, Ch. 168.'] Approved March 3, 1884.

Chdl). 57 -^^ ^^^ AUTHORIZING THE CITY OF NEW BEDFORD TO COMPEN-
SATE ITS BOARD OF ALDERMEN.

Be it enacted, etc., as follows:
Ai.iermento Section 1. Tlic aldcFmeu of the city of Ncw Bcdford

receive salaries. ,,, , ittth . pi-

shall receive one hundred dollars each per annum lor their
compensation. This act shall apply to the aldermen now
in office as well as to those who may hereafter be elected
to the office of aldermen in said city. All acts and parts
of acts inconsistent herewith are hereby repealed,
upon accept' Section 2. This act shall take effect upon its accept-
ance, ance by the city council of said city.

Approved March 5, 1884.

(JJldJ). 58 -^^ ^^^ ^^ RELATION TO STATEMENTS MADE BY FOREIGN FIRE
INSURANCE COMPANIES TO THE INSURANCE COMMISSIONER.

Be it enacted, etc., as folloivs :

madeT^forei^n Section 1. Any forcigu fii'c iusurauce Company doiug
business within this Commonwealth may at its option

1884. — Chapter 59. 43

include in its statements to the insurance commissioner its insurance

„. ,. 1 iijiiii 'Tj. companies.

foreign business and assets, but shall be required to re-
turn only the business done in the United States, and the
assets held by or for it within the United States for the
protection of policy holders therein.

Section 2. A comi^any Avhich does not make a return Company not

. J- . {> '1 r • 1 • 1 making return

to the insurance commissioner ot its toreign business and simii not adver-
assets shall not make any publication, announcement or *'*'''*" i««^^e.
advertisement of the same within this Commonwealth.

Section 3. It shall be the duty of the insurance com- certificate may
missioner to revolve the certificate of authority to do busi-
ness in this Commonwealth granted in behalf of any com-
pany violating the provisions of the second section of
this act. Approved March 6, 1884.

An Act to supply the town of middleuorougii with water (7/^^m^ 59
or to authorize the middleborough fire district to fur-
nish a water supply.

Be it enacted, etc., as follows:

Section 1. The town of Middleborough is hereby May take water
authorized to take and hold in said town the water of Kive^relc/
Namasket River, or of any springs or natural brooks
within the water shed of said river in said Middle-
borough, or the water of Assawampsett Pond, and convey
the same into and through the said town of Middleborough
and through that part of the town of Lakeville lying be-
tween Assawampsett Pond and said Middleborough on the
westerly side of said Namasket River, for the use of said
Middleborough and the inhabitants thereof, for domestic
and manufacturing purposes, and the extinguishment of
fires ; and may also take and hold by purchase or other-
wise lands or estates for the construction of such works May take land
as may be necessary therefor, and for laying and main- ofVorks.'^"''"""
taining aqueducts or pipes, constructing and maintaining
reservoirs, and such other works as may be necessary for
conve3ung, raising, retaining and distributing said water.

Section 2. Said town, for the purposes aforesaid, may May lay pipes
lay pipes, build aqueducts and maintain the same by any aquecui'cts.
works suitable therefor, either in the town of Middle-
borough or Lakeville ; may provide and maintain the
necessary machinery for raising the water above the source
of supply; may erect such structures as may be necessary
for preserving the works; may construct and maintain 5^Jjyg*=°°*t''"<=*
proper dams and reservoirs, and establish such public reservoirs.

1884. — Chapter 59.

May establish
water rates.

To file in
registry of deeds
H description of
the land taken.

Liability for
damages.

No assesBnnent
to be made
until water is
actually
diverted.

Middleborougb
Water Loan.

fountains and hydrants as are at any time deemed proper,
and may change or discontinue the same ; may distribute
the water throughout said town or any part thereof, regu-
late its use, and establish the rates to be paid therefor.
Said town, for the purposes aforesaid, may carry its pipes
and other works over or under any water-course, drain,
sewer, pipe, street, railroad, highway or other way,
in such manner as not unnecessarily to obstruct the same ;
and may do any other acts or things necessary and proper
in executing the purposes and intentions of this act. Said
town of iNIiddkborough shall, within ninety days after the
taking of any lands, water sources or water rights as
aforesaid, otherwise than by purchase, file in the registry
of deeds for the county of Plymouth a description there-
of sulEciently accurate for identification, with a statement
of the purpose for which the same is taken, signed by the
water commissioners hereinafter provided for.

Section 3. Said town shall be liable to pay all dam-
ages sustained by any person or corporation by taking any
land, water, water rights or property, or by the construct-
ing of any aqueduct, reservoir or other works for the pur-
poses aforesaid, and if any person or corporation sustain-
ing damages as aforesaid cannot agree with the town upon
the amount of said damages, he or it may have them as-
sessed and determined in the same manner as is provided
when land is taken for a highway ; the application there-
for to be made in writing within one year after the taking
of such land, water sources or water rights, or other in-
jury done, as aforesaid, but not thereafter. No assess-
ment for damages shall be made for the taking of any
water right or for any injury thereto, until the water is
actually withdrawn or diverted by said town, under the
authority of this act.

Section 4. For the purposes of paying all necessary
expenses and liabilities incurred under the provisions of
this act, said town of Middleborougb may issue bonds,
notes or scrip from time to time, signed by its treasurer
and countersigned by the water commissioners hereinafter
provided for, to be denominated on the face thereof " Mid-
dleborougb Water Loan," to an amount not exceeding
sevent^'-five thousand dollars, payable at periods not ex-
ceeding thirty years from the date of issue, with interest
payable semi-annually at a rate not exceeding six per cent,
per annum. Said town ma}'^ sell such securities at public

188i. — Chapter 59. 45

or private sale, or pledge the same for money borrowed
for the purposes of this act, upon such terms and condi-
tions as it may deem proper. Said town shall pay the ^|."^j/|f^,,{X^^i'°
interest on said loan as it accrues, and shall provide for
the payment of the principal at maturity by establishing
at the time of contracting said debt a sinking fund to
which it shall contribute annually a sum sufficient, with
the accumulations thereof, to pay said principal at
maturity.

Section 5. Said town shall raise annually by taxation Payment of

, . \ • 1 £• ii 1 f interest and

a sum, which, with the income derived irom the sale ot current
water, shall be sufficient to pay the current annual ex- ^^p*''^*^*-
penses of operating its water works and the interest
accruing on the bonds issued by said town, and to make
such payment on the principal as may be required under
the provisions of this act.

Section 6. Whoever wilfully or wantonly corrupts, Penalty for

T /•! ii lii'i polluting or

pollutes or diverts any of the waters taken under this act, diverting water.
or injures any dam, reservoir, aqueduct, conduit, pipe or
other proi)erty owned or used by said town for the pur-
poses of this act, shall forfeit and pay to said town three
times the amount of damages assessed therefor, to be re-
covered in an action of tort ; and on conviction of either Penalty.
of the above acts shall be punished by a fine not exceed-
ing one hundred dollars, or by imprisonment not exceed-
ing six months.

Section 7. Said town of Middleborough shall, after Board of water

_,. ., , i'iiii«ii commissionera

its acceptance of this act, at a legal meeting called for the to be elected.
purpose, elect by ballot three persons to hold office, —
one until the expiration of three years, one until the expi-
ration of two years, and one until the expiration of one
year, from the next succeeding annual town meeting, to
constitute a board of water commissioners ; and at each
annual town meeting thereafter, one such commissioner
shall be elected by ballot for the term of three years. All
the authority granted to said town by this act, and not
otherwise specifically provided for, shall be vested in said
board of water commissioners, who shall be subject, how-
ever, to such instructions, rules and regulations as said
town may impose by its vote, and a majority of said 1)oard
shall constitute a quorum for the transaction of business.
Any vacancy occurring in said board from any cause may Vacancy,
be filled for the remainder of the unexpired term by said
town at any legal town meeting.

46 1884. — Chapter 59.

fcwpt^^'nce by a Section 8. The preceding sGctioiis of this act, so far
ofthl^''^'V"^'' as they apply to, and confer authority on the town of
Middleborough to introduce a supply of water for its in-
habitants as aforesaid, shall become inoperative and void,
unless said town shall accept the same, and authorize the
introduction of water under its provisions by a two-thirds
vote of its legal voters present and voting thereon at any
legal town meeting called for the purpose within three
months of the date of the passage of this act. At such
meeting the check list shall be used and the voting shall
be by ballot, written or printed, Yes, or JVb. The number
of meetings so called shall not exceed two.
icwptedrthe Section 9. In case the town of jNliddleborough shall

Mifidieborough pcfusc to acccpt the preceding provisions of this act as

Fire District .^,. ^. . \ i ••

shall be a cor- specifaed ui scction eight, then the organization now known

ehau'lTseume' all as the Middleborough Fire District with its present metes

pos«i'by ai'ui™" ^"d bounds shall hereby be made a corporation ; and in

upon the town, addition to the powers which it now has under the general

law shall have the right to exercise all the powers and

privileges conferred upon said town of Middleborough by

the preceding sections of this act, and shall assume all the

liabilities and duties imposed upon said town by this act.

Said district shall have the right to introduce from any of

the sources named in the preceding sections a supply of

water for the use of its inhabitants, may construct and

maintain complete water works for making available and

distributing such supply, and for that purpose may take

and hold land, water sources and water rights, lay pipes,

erect buildings, procure and operate machinery, establish

fountains and hydrants and discontinue the same, and

may exercise all the authority in these respects granted

in preceding sections to the town of Middleborough. Said

ma'ko'^c^itnicts district may make such contracts with individuals, corpo-

wlterf^'^'"^ rations and the town of Middleborough for the supplying

of water as may be agreed upon, and may fix and collect

rates for the use of the water. This authority to introduce

a public water supply under the provisions of this act is

granted on condition that the same is assented to by said

fwtw'rds vote ^re district within two years from the passage of this act,

of the fire bv a two-thlrds vote of the voters of said district qualified

district. •' . . 1 • 1

to vote m town affairs, present and voting thereon at any
legal meeting called for that purpose ; whereupon all the
rights, privileges and liabilities herein granted to or im-
posed upon said town of Middleborough shall vest in and

1884. — Chapter 59. 47

be assumed by said fire district. At such meeting the
check list shall be used and the voting shall be by ballot,
written or printed, Yes, or JSTo. The number of meetings
called in one year shall not exceed three.

Section 10. The said fire district may, for the purpose pistriotmay
of paying the cost of carrying the provisions of this act "*""''
into effect, issue from time to time bonds, notes or certifi-
cates of debt to an amount not exceeding in the aggregate
seventy-five thousand dolhirs ; such securities shall be de-
nominated the " Middleborough Fire District Water Loan ;"
shall be payable at the expiration of periods not exceeding
thirty years from the date of issue ; shall bear interest
payable semi-annually at a rate not exceeding six per cent,
per annum, and shall be signed by the treasurer of said fire
district and be countersigned by the water commissioners
hereinafter provided for. The said fire district may sell
such securities at public or private sale, or pledge the same
for money borrowed for the purposes of this act, upon such
terms and conditions as it may deem proper. The said
fire district shall provide, at the time of contracting said
loan, for the establishment of a sinking fund, and shall an- sinking fund to
nually contribute to such fund a sum sufficient, with the
accumulations thereof, to pay the principal of said loan at
maturity. The said sinking fund shall remain inviolate
and pledged to the payment of said loan and shall be used
for no other purpose.

Section 11. The said fire district shall raise annually To raise
by taxation a sum which, with the income derived from the tax"uon a snm
water rates, will be sufficient to pay the current annual hit^,^e"st"and^^^
expenses of operating its water works and the interest as p"nseg^'^^'
it accrues on the bonds, notes or certificates of debt issued
by said fire district ; and to make such contributions to the
sinking fund and payments on the principal as may be re-
quired under the provisions of this act. Said fire district
is further authorized to raise by taxation any sum of money May raise

/• ^ 1 /> 1 • 1 ^' -1 i 1 money to extend

lor the purpose or enlargmg or extending its water works, works.
not exceeding three thousand dollars in any one year.

Section 12. Whenever a tax is duly voted by said fire when tax is
district for the purposes of this act, the clerk shall render vote to be certi-
a certified copy of the vote to the assessors of the town of o'fthe"town?°"
Middleborough, who shall proceed within thirty days to
assess the same in the same manner in all respects as
other taxes in said fire district arc by law required to be
assessed. The assessment shall be committed to the town

1884. — Chapter 59.

Interest on
taxes overdue.

Proviso.

Board of water
comrnissioDors
to be elected.

Commissioners
to be trustees of
tlie sinking fund

Vacancy,

Annual report
to be made.

District may
adopt by-laws.

collector, who shall collect said tax in the same manner as
is provided for the collection of town taxes, and shall de-
posit the proceeds thereof with the treasurer of the tire
district for the use and benefit of said fire district. Said
fire district may collect interest on taxes when overdue at
a rate not exceeding one per centum per month, in the
same manner as interest is authorized to be collected on
town taxes: provided^ said fire district at the time of vot-
ing to raise a tax shall so determine, and shall also fix a
time for payment thereof.

Section 13. The said fire district shall after assuming
the authority conferred by this act as provided in section
nine, at a legal meeting called for the purpose, elect by
ballot three persons to hold office, one until the expiration
of three years, one until the expiration of two years, and
one until the expiration of one year from the next succeed-
ing annual meetiuo: to constitute a board of water commis-
sioners ; and at each annual meeting thereafter, one such
commissioner shall be elected by ballot for the term of
three years. All the authority granted to the said fire dis-
trict by this act, and not otherwise specifically provided
for, shall be vested in said board of water commissioners,
who shall be subject, however, to such instructions, rules
and regulations as said fire district may impose by its vote ;
the said commissioners shall be trustees of the sinking
fund herein provided for, and a majority of said commis-
sioners shall constitute a quorum for the transaction of
business relative both to the water works and to the sink-
ing fund. Any vacancy occurring in said board from any
cause may be filled for the remainder of the unexpired
term by said fire district at any legal meeting called for
the purpose. No money shall be drawn from the district
treasury on account of said water works except by a Avrit-
ten order of said commissioners or a majority of them.
Said commissioners shall annually make a full report to
said fire district, in writing, of their doings and expendi-
tures.

Section 14. The said fire district may adopt by-laws
prescribing by whom and how meetings may be called and
notified ; but meetings may also be called on application
of seven or more legal voters in said fire district by war-
rant from the selectmen of said town, on such notice as
may be prescribed therein. The said fire district may
also provide rules and regulations for the management of

1884. — Chapters 60, 61, 62, 63. 40

its water works not inconsistent with this act, or the laws May make rules
of the Commonwealth, and may choose snch other officers mem of works.
not provided for in this act as it may deem proper and
necessary.

Section 15. This act shall take effect upon its passage.

Approved March 6, 1884.

Ax Act to repeal the public statutes relating to the an- (J]iqj)^ QO

NUAL election SERMON.

Be it enacted, etc., as foUoics :

Sections twenty-four and thirty-five of chapter two of the Election
Public Statutes, relating to an annual election sermon and
the compensation of the preacher thereof, are hereby re-
pealed. Approved March 6, 1884.

An Act to change the name of the hovey and crandon pub- Ol^nv^ A1

LISHIXG company. "

Be it enacted, etc., as foUoivs :

The name of the " Hovey and Crandon Publishing Com- Name changed.
pany," incorporated under chapter one hundred and six
of the Public Statutes, is changed to that of the " Manu-
facturers' Gazette Publishing Company."

Approved March 6, 1884.

Chap. 62

An Act to authorize the hingiiam cordage company to hold
additional real and personal estate.

Be it enacted, etc., as follows :

The Hingham Cordage Company, for the purposes set May hold addi-
forth in its charter, is hereby authorized to hold real and per"8ona7eaate.
personal estate to an amount not exceeding one hundred
and fifty thousand dollars. Approved March 6, 1884.

An Act to change the name ov the Worcester lyceum and z^/,^,^ aQ

NATURAL history ASSOCIATION. ^ '

Be it enacted, etc., as follows :

Section 1. The name of the Worcester Lyceum and Name changed.
Natural History Association is hereby changed to the
Worcester Natural History Society.

Section 2. This act shall take effect upon its passage.

Approved March 6, 1884,

50 188^. — Chapters 64, 65, 66, 67.

Chan. 64 ^^ -^^"^ '^'^ prevent the spread of contagious diseases

THROUGH the public schools.

Be it enacted, etc., as follows:

d^Telscl'^i'Jf The school committees shall not allow any pupil to at-

pubiic schools, tend the public schools while any member of the house-
hold to which such pupil belongs is sick of small-pox,
diphtheria or scarlet fever, or during a period of two
weeks after the death, recovery or removal of such sick
person. Approved March 7, 1884.

Ch(ll). 65 ^^^ -^^^ "^^ establish the SALARY OF THE CLERK OF THE

POLICE COURT OF HOLYOKE.

Be it enacted, etc., as follows:

nshe'd ''^'"^ Section 1. The annual salary of the clerk of the

police court of Holyoke shall be one thousand dollars.
Section 2. This act shall take effect upon its passage.

Approved March 7, 1884.

(JllCLll. 66 ^^ ^^'^ RELATING TO CLEIUCAL ASSISTANCE IN THE OFFKJE OF THE
SECRETARY OF, AND FOR LECTURES BEFORE, THE BOARD OF
AGRICULTURE.

Be it enacted, etc., as follows:

CK ricai servicis. Section 1. The Secretary of the board of ngricultiire
may expend for other clerical services in his office, and

Lectures. foi' lecturcs to be given before the board at its annual and

other meetings, a sum not exceeding eight hundred dol-
lars per annum.

Repeal. Sectiox 2. So Hiuch of scctlou four of chapter twenty

of the Public Statutes as is inconsistent with this act is
hereby repealed.

Section 3. This act shall take effect upon its passage.

Appfbved March 7, 1884.

Clio p. 67

;t An Act in addition to the acts to supply the city of hol-
yoke WITH PURE WATER.

Be it enacted, etc., as follows:

May take waters Section 1. The city of Hdlyoke by its water commis-
si re. iBi'wt. sioners, for the purposes mentioned in chapter sixty-two
of the acts of the year eighteen hundred seventy-two, may
take and hold the waters of the " Whiting Street Brook,"
so called, in the cities of Holyoke and Northampton, and
may convey the same into and through all parts of said
city of Holyoke ; and may also take and hold by purchase

1884 — Chapter 67. 51

or otherwise, all lands, rights of way and easements, nee- Maytakeand
essary for raising, Howing, holding, conveying and pre- ^"'"^ '""^''■
serving such waters; and may erect thereon suitable dams,
buikliiigs, fixtures and structures, and make excavations
and embankments, procure and operate machinery, and
provide such appliances as may be necessary to carry out
the provii^ions of this act ; and may construct and lay down
conduits, pipes and other works, under or over any lands,
water-courses, public or private ways, and along any such
way, in such manner as not unnecessarily to obstruct the
same ; and for the purpose of constructing, maintaining
and repairing such conduits, pipes and other works, and May conetruct

'^ o , *• , and lay down

for all proper purposes of this act, may dig up, raise and conduits, pipes
embank any such lands, street, highway, alley or other works/'''
way in such manner as to cause the least hindrance to
public travel thereon : provided, that all work of construc-
tion, maintenance and repairs, done and performed in the Work done in
public highway in the city of Northampton, shall be ex- ^uhj!'^"To^or"icr
ecuted in the place designated by and agreeably to the "fd'eniien""'^
order of the mayor and aldermen of the said city of North-
ampton.

Section 2. The city of Holyoke shall, within ninety a description of
days after the taking of an}^ lands, water-rights, rights of taken'to'beVied
way or easements as aforesaid, otherwise than by pur- delds!^"^""^'^^ "^
chase, tile in the registry of deeds for the county within
which are situated such lands, rights or other property, a
description thereof, sufficiently accurate for identitication,
with a statement of the purposes for which the same were
taken, signed by the water commissioners of said city.

Section 3. I'he said city shall pay all damages sus- Damages to bo
tained by any person in property by the taking and hold- ^"^"^^^^ '"''^^^
ing of any water, water-rights, land, right of way or ease-
ment, or by any other thing done by said city under the
provisions of this act. Any person sustaining damages
as aforesaid, who fails to agree with said city as to the
amount of damages sustained, may have the same assessed
and determined in the manner provided by law when land
is taken for the laying out of highways, on application at Application for

. . ^ o J ' 11 dainnKcs to be

any time within one year from the taking of such land or ma.ie within
other property, or the doing of other injury under the °"® ^''''"■'
authority of this act ; but no such application shall be
made after the expiration of said one year.

Section 4. For the purpose of paying all necessary Mayissuebonds
expenses and liabilities incurred under the provisions of $3o,u

not exocoding
"■'i.OUO.

18S4. — Chapter 67.

Sinking fund.

Proviso.

this act, said city by its water commissioners, shall have
authority to borrow from time to time such sums of -money
as they shall deem necessary, to an amount not exceed-
ing thirty thousand dollars, and to issue therefor bonds,
notes or certificates signed by the said water commission-
ers and countersigned by the mayor and auditor of said
city, to be denominated on the face thereof the " Ilolyoke
Hoiyoije Water Water Loau Act of eir^hteen hundred and eijrhty-four,"

Loan. ~ n ./ '

payable after one year, in instalments of not less than live
thousand dollars each year, and bearing interest at a rate
not exceeding six per cent, per annum. The said city by
said water commissioners may sell or pledge the same or
any portion thereof, or make other proper disposal of the
same for the above purpose. The loan herein authorized
may be paid as herein provided year by year from the
sinking fund created in section seven of chapter sixty-two
of the acts of the year eighteen hundred seventy-two:
provided^ that it can be so paid after contributing not less
than one per cent, per annum to said sinking fund, from
the surplus receipts of the water works for that year, on
the whole amount of the water debt outstanding; other-
wise the said debt herein authorized shall be paid by
taxation.

Section 5. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property,
owned, held or used by said city, under the authority and
for the purposes of this act, shall forfeit and pay to said
city three times the amount of damages assessed therefor,
to be recovered in an action of tort ; and upon conviction
of either of the above wilful or wanton acts shall be pun-
ished l)y fine not exceeding one hundred dollars or im-
prisonment not exceeding six months, or both said
penalties.

Section fi. The water commissioners of the city of
Holyoke shall superintend and direct the performance of
all the works, matters and things mentioned in this act,
and exercise all the rights, powers and privileges hereby
granted and not otherwise specifically provided tor herein.
They may fix and establish a reasonable compensation for
their services, subject to the concurrent vote of the city
council, said compensation to be paid as a part of the cur-
rent expenses of the water works.

Penalty for
polluting water
or injuring
property.

Water com mis
Bionere t<> ex-
ercise rights,
etc., granted.

1884. — CHArTEEs 68, 69, 70. 53

Section 7. This act shall take effect upon its accept- f.lJ^^^JJ"^^'^;
'ance bv a two-thirds vote of each branch of all the mem- two-thirds vote

■^ , . •! f 1 • 1 X* withm three

bers or the city council or said city present and voting years,
thereon, if accepted within three years from its passage.

Ajjproved March 7, 1S84.

An Act to authorize court little joiin, number six, inde- (J/kij)^ 68
pendent order of foresters to change its name.

Be it enacted^ etc., asfoUoivs:

Section 1. The Court Little John, Number Six, In- Name changed.
dependent Order of Foresters is hereby authorized to
change its name to Court Little John, Number Fifty,
United Order of Forester's.

Section 2. This act shall take effect upon its passage.

Approved March 10, 1884.

An Act relating to instruction in the elementary use of n^my)^ (39

HAND-TOOLS IN PUBLIC SCHOOLS.

J5e it enacted, etc., as foUoivs :

Section one of chtioter forty-four of the Public Statutes, Elementary use

,. Ill n • !• jii li* ot hand-tools

relatmg to the branches ot instruction to be taught in may be taught
public schools, is amended by striking out, in the eighth echoou." '"^
line, the words " and hygiene," and inserting instead the
words " hygiene and the elementary use of hand-tools,"
and in any city or town whore such tools shall be intro-
duced, they shall be purchased by the school committee, at
the expense of such city or town, and loaned to such
pupils, as may be allowed to use them, free of charge ;
subject to such rules and regulations as to cai*e and cus-
tody as the school committee may prescribe.

Approved March 10, 1884.

An Act in addition to an act to regulate the sale of coal (JJiqjj^ 7Q

BY measure.

Be it enacted, etc., as foUoivs:

Section 1. The capacity of the baskets or measures capacity of
mentioned in chapter two hundred and eighteen of the Stamped there-
acts of eighte'en uundred and eighty-three, shall be plainly °""
marked or stamped thereon by the sealer of weiglits and
measures. Coal sold in accordance with the provisions of coai to be de-

» livered m same

said chapter two hundred and eighteen shall be delivered basket in whuh
to the purchasers thereof in the same baskets or measures
that are used in measurins: such coal.

54 1884. — Chapter 71.

Penalty, Section 2. A iij pei'soH wlio violtites the provisions of

this act shcall be subject to a fine not exceeding twenty dol-
lars for each oflence. Approved March 10, 1884.

Chan. 71 ^^ ^*^^ ^® authorize the town of marblehead to take addi-
tional LAND FOR THE PURPOSE OF INCREASING ITS WATER SUPPLY.

Be it enacted, etc., as follows :
May take and Section 1. The towH ofMarblchcad mav take and hold

liola land. . iii i ^ • t c

by purchase or otherwise such land on the westerly side ot
Pond Street in said town in the " small-pox" and " lower
division " pastures, so called, as it may deem necessary for
the purpose of increasing the water supply of said town
May erect for tii'e and manufacturing uses, and may erect on such land

dan)s, lay down i^it r«x i i

condutsand propcF dums, buildiugs, nxtures, and make excavations
^'^*^^' and procure and run machinery therefor, with such other

appliances as may be necessary for complete and effective
water works, and dig up, raise and cml)ank any such lands,
and may construct and lay down conduits, pipes and other
works under or over any lands, water-courses or roads, and
along any street or other way in such manner as to cause
the least hindrance to travel thereon.
A description Section 2. Said town shall within ninety days after

of the land taken ., ,■ /-ii- ii i. *„

to be filed in the the time 01 taking any lands, water-courses or water
deldT^°^ rights as aforesaid, otherwise than by purchase, file in the
registry of deeds for the county of Essex, a description
thereof sufficiently accurate for identitication, with a state-
ment of the purpose for which the same is taken, signed by
the selectmen.
Damages to be Section 3. Tbc Said towu shall pay all damages sus-
u)"wn^ ^^^ tained by any person in property by the taking of any land,
right of way, water, water-source, water right or easement,
or by any other thing done by said town under the author-
ity of this act. Any person sustaining damages as afore-
said under this act, who fails to agree with said town as to
the amount of damages sustained, may have said damages
assessed and determined in the manner provided by hiw
when land is taken for the laying out of highways, on ap-
Appiication to plicatiou at any time within one year from the taking of
damage^s wUbin Said land or other property, or the doing of other injury
one year. uudcr the authority of this act ; but no such application shall

be made after the expiration of said one year.
w°bfmade'umii Section 4. Tlils act shall take effect upon its passage,
actis accepted |^nt uo expenditure shall be made or liability incurred un-

by a majority ' ., .- . .it ••i c j.\

vote. der the same until said act is accepted by a majority oi the

1881. — CiiAPTEES 72, 73. 5b

voters present at a ]oga\ town meeting called for that pur-
pose, and this act shall be void unless so accepted by said
town within one year from the date of its passage.

Approved March 11, 1884.

An Act to amend " an act to provide fou teie custody of books QIk^i^^ 72
and papers of insolvent savings banks."

Be it enacted, etc., as follotus :

Section 1. Section one of chapter seventy-seven of {;oob"'!fn^*^
the acts of the year eiijhteen hundred and eighty-two, re- Papers „fiu-

, -J 1 n 1 ^ 1 r- • ^ l solvent savings

latmg to the custody or books and papers oi insolvent banks.
savings banks, is hereby amended by adding after the -words
"state house "in the last line, the following words, " or
Commonwealth build insr."

Section 2. This act shall take effect upon its passage.

Approved March 11, 1884.

An Act to confirm the proceedings of the wasuington ceme- (JJiap. 73

TERY association AT GLOUCESTER.

Be it enacted, etc., as foUoivs :

Section 1. The acts and proceedings of Isaac P. fo'^Xme'df
Morse, Walter Cressy, Eben Lufkin, Thomas Marshall,
Charles P. Barrett, George A. Sanborn, David Ingersoll,
James Ingersoll and their associates in organizing the
"Washington Cemetery Association in the city of Glouces-
ter, and the subsequent proceedings of the above named
persons, their associates and successors under said organi-
zation are hereby ratitied and confirmed ; and the Wash-
ington Cemetery Association is hereby established as an
existing corporation for the purpose of managing, im- Established as
proving and controlling the grounds situate in a certain corporaiio^i.
inclosure on Western Avenue in the city of Gloucester,
set apart for the burial of the dead, being the same lot of
land conveyed to John Barrett, Edward Loyd and James
Knight, trustees, by deed dated August seventeen, eigh-
teen hundred thirty-nine, and recorded in Essex registry
of deeds, book 314, leaf 274; with all the powers, rights Powers and

1 • -I 1 1 • 11 1 1 • 1- • J- 1 duties.

and privileges, and subject to all the duties, limitations and
restrictions conferred by general laws upon such corpora-
tions.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1884.

1884. — Chapters 74, 75.

May elect
directors by
classes.

Chap. 74 ^^ ^CT AUTHORIZING INSURANCE COMPANIES TO ELECT TUEIR DIREC-

TOKS UV CLASSES.

Be it enacted, etc., as follows :

Section 1. Any insurance company may at its annual
meetins: or at any special meeting called for that purpose
make by-laws dividinir its board of directors into two,
three or four classes, so that the directors of the first class
shall go out of oifice on the day of the next annual meeting,
and the directors of the second, third and fourth classes
shall go out of oflSce respectively on the day of each suc-
ceeding annual election of directors At each annual meet-
ing after the adoption of such by-laws, only one cla-*s of
directors shall be elected. Any vacancies may be tilled
by the election of new directors whose terms of office shall
expire with those of the class to which they have respec-
tively been elected.

Section 2. This act shall take effect upon its passage.

A]}proved March 7, 1884.

Vacancies.

Chap. 75

Name changed.

May hold lands
and conjei'sions
arantcd by
Mexico.

May purc'iase
and hold lands
in Mexico.

May sell, mort-
gasre, etc ,
properly.

An Act to change the corporate name of the texas, topolo-
bampo and pacific railroad and telegraph company, and to
extend its franchise.

Be it enacted, etc., as foHoics :

Section 1. The corporate name of the Texas, Topolo-
bampo and Pacific Railroad and Telegraph Company in-
corj)orated under the general laws of the Commonwealth
is changed to the American and Mexican Pacific Railroad
Company.

Section 2. In addition to the powers and privileges
already conferred, the said corporation shall have power
to receive and hold such lands, concessions and subsidies
as may be now or hereafter conferred upon or granted to
it by the Republic of Mexico or any of the states thereof
in which said railroad or telegraph line may be located.

Section 3. The said corporation shall have power to
purchase and hold in fee simple such lands or rights in the
same in the states of said Republic of Mexico in which said
railroad and telegraph, line may be located as it may
deem expedient.

Section 4. The said corporation shall have power to
sell, lease, mortgage and otherwise dispose of such prop-
erty as it may acquire under the powers conferred by this
act, and may erect buildings, dwelling houses and other

1884. — CiiAPTEES 76, 77, 78. 57

striictiues thereon and otherwise improve the same as may
be deemed expedient.

Section 5. The power conferred by this act shall i^^t ^°J/[^X^her.
l>e exercised except in furtherance of the objects and pur- anceof pur-
poses for which said corporation is organized. orgainzud.

Section 6. This act shall take efiect upon its passage.

Approved March 12, 1884.

An Act to pkohibit the sale of firearms and other danger- (JJiap. 76
ous weapons to minors.

Be it enacted, etc., as follows:

Section 1. No person shall sell or furnish to a minor Dangerous

1 . - weapons not to

under the ace of tifteen years, any firearms or other dan- be furnished to

~ . T -t .\ , ' J. J. ^ t- I minors under

gerous weapon : provided, that instructors and teacners fifteen.
may furnish military weapons to pupils for instruction and
drill.

Section 2. Whoever violates the provisions of this Penalty.
act shall ior each offence be punished by fine not less than
ten nor more than fifty dollars.

Section 3. All acts and parts of acts inconsistent i^^peai.
herewith are hereby repealed ; but such repeal shall not
affect any prosecutions or suits now begun, nor prevent
the institution of any suit, prosecution or proceedings to
enforce penalties and liabilities already incurred under ex-
isting laws. Approved March 12, 1884.

An Act to authorize the boston young women's christian (JJiap. 77

ASSOCIATION TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

Section 1. The Boston Young Women's Christian May hold

1 T r^ 1 1 1 1 I ailf'it'onalreal

Association is hereby authorized to hold real and personal and personal
estate, for the purposes set forth in its charter, to an '"' ''^^'
amount not exceeding four hundred thousand dollars
in value.

Section 2. This act shall take effect upon its passage.

xipproved March 12, 1884.

An Act to provide for the appointment of trustees by QJiap, 78

CHURCHES OR RELIGIOUS SOCIETIES IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section 1. Churches or religious societies may ap- Trustees may

o . 1 1 11 be appointed by

pomt trustees, not exceeding five in number, wtio snail chunhesaud
with their successors be a body corporate, for the purposes boJiIum.

58 ^ 188i. — Chapters 79, 80.

mentioned in section one of chapter thirty-nine of the Pub-
lic Statutes, and shall be subject to all of the provisions
of said chapter applicable thereto, and any funds, held by
the bodies corporate mentioned in the tirst and second
sections of said chapter, may be transferred to said trus-
tees to be held in trust in like manner by them.

Section 2. This act shall take etfect upon its passage.

Approved March 12, 1884.

CllCin. 79 ^^ ^^"^ '^^ ^^^ '^"'^ SALARY or THE SECRETARY OF TUE COMMON-
WEALTH.

Be it enacted^ etc., as follows:
^"'^.7,,^ Section 1. The salary of the secretary of the Com-

established. , , n -, i- n r- i n r •!

monwealth from and alter the nrst day or January eigh-
teen hundred and cight^'-four shall be three thousand dol-
lars per annum, and at the same rate for any portion of a
year.

Section 2. This act shall take effect upon its passage.

Approved March 12, 1884.

Chap. 80 -^N ^^"^ "^0 AUTHORIZE THE TOWN OP QUINCY TO PAY CEKTAIN

BOUNTIES.

Be it enacted, etc., as follows:
May pay Section 1. The towu of Quiucy is authorized, in the

8oidiVrs\nd manncF provided in section two of this act, to raise by
taxaUoT"'^^^ taxation a sum of money not exceeding twenty-five hun-
dred dollars and appropriate the same to the payment of a
bounty of one hundred and twenty-five dollars to each
soldier or sailor who re-enlisted, between the first day of
December eighteen hundred and sixty-three and the
twcnlielh day of April eighteen hundred and sixty-four,
in the quota of said town and served until the close of the
late war or was honorably discharged during said period
and has never received any bounty from said town : pro-
Nottobe vidcd, that said town shall not be re-imbursed by the Com-

reimbursed by >i/. -i i ,.\ • l c i.\ •

the slate. monwcalth for any money paid under autnority ot this

act.
Subject to a SECTION 2. At any legal meeting of said town called

vote of the town. ^^^ ^j^^ purposc, a votc may be taken on the question of
raising such money and appropriating the same to the
payment of such bounties. The check list shall be used
at such meeting, and the polls shall be kept open at
least four hours.

1884. — Chapteks 81, 82. 59

The vote shall be by sej)amte ballot, and the ballots
shall be "yes" or "no" in answer to the question : " Will
the town pay a bounty of one hundred and twenty-five
dollars to each soldier or sailor who re-enlisted, between
the first day of December eighteen hundred and sixty-
three and the twentieth day of April eighteen hundred
and sixty-four, in the quota of said town and served until
the close of the late war or was honorably discharged y>
during said period and has never received any bounty
from said town, and raise the sum of twenty-five hundred
dollars and appropriate the same to the payment of said
bounties?"

Section 3. This act shall take effect upon its passage.

Approved March 13, 1884.

An Act to authorize tiik town of east buidgewater to pay (JJidf)^ g1

CERTAIN BOUNTIES.

Be it enacted^ etc., as follows :

Section 1. The town of East Brido:ewater is author- ^.f^y pay i^oun-

• • tics to CBrliiin

ized to raise by taxation a sum of money not exceeding soldiers.
fourteen hundred dollars and appropriate the same to the
payment of a bounty of one hundred and twenty-five dol-
lars to each of the following soldiers: — James G. John-
son, James C. Underwood, John Porter, Henry A.
Osborne, Alfred Worthington, William H. French, George
A. Edson, Elihu T. Ellis, John Sylvester, Charles Mc-
Carter and James H. Sampson : provided, that said town Not to be re-
shall not be re-imbursed by the Commonwealth for any coiumonweaith!
money paid under authority of this act.

Section 2. If any such soldier has died or shall die Bounty to be
before he receives his bounty it shall be paid to his widow oi-'iieirsTf °^
or if he leaves no widow to his lawful heirs. soldier dies.

Section 3. This act shall take effect upon its passage.

Approve d^laj'ch 13, 1884.

An Act to authorize the tom'^n of falmouth to purchase (JJicpn, 82

THE LAWRENCE ACADEMY IN SAID TOWN.

Be it enacted, etc. , as follows :

Section 1. The town of Falmouth is hereby author- Town may buy
ized to purchase all the property of the Lawrence Acad- L-nvrJnce"
emy in said town, and to take and hold all property )u,7d\'i^^8ame
held in trust by it, upon the same trusts upon which said '"•^'■"»**
property is now held by said academy, and to that end,
Avith the consent of said academy, may apply to the su-

1884. — Chapters 83, 84.

Chap. 83

Corporators.

Name and
purpose.

Powers and
duties.

May erect and
maintaia market
buildings.

Capital stock
and shares.

Proviso.

preme judicial court sitting in equity within and for the
county of Barnstable to be appointed trustee in place of
said academy.

Section 2. This act shall take effect upon its passage.

Approved March 13, 1884.

An Act to incorporate the clinton market company.

Be it enacted., etc., as follows:

Section 1. George B. Wilbur, James C. Melvin,
Thomas Nickerson, Edmund Quincy and John F. Hosmer,
their associates and successors, are made a corpo-
ration by the name of the Clinton Market Company, for
the purpose of erecting and maintaining buildings for
market and business purposes ; and said corporation shall
be subject to the provisions of chapter one hundred and
five and chapter one hundred and six of the Public Stat-
utes,-and to all general corporation laws which now are or
shall be in force, and for the purposes herein named, shall
have the powers and be subject to the liabilities and re-
strictions prescribed therein and shall have power to pur-
chase, lease and hold in fee simple or otherwise all or any
parts of that tract of land situated in Boston in this Com-
monwealth, bounded southerly by South Market Street,
easterly by Atlantic Avenue, northerly by Clinton Street
and westerly by Mercantile Street.

Section 2. The said corporation shall have power to
erect and maintain market buildings and other buildings
and structures on its land and otherwise improve the same,
and to sell, lease, mortgage or otherwise dispose of its cor-
porate property and any parts thereof.

Section 3. The capital stock of said corporation shall
not exceed one million dollars, divided into shares of one
hundred dollars each -.provided, however, that no liability
shall be incurred initil two hundred thousand dollars of
the capital stock has been paid in in cash.

Section 4. This act shall take effect upon its passage.

Approved March 14, 1884.

CllCiT) 84-^^ ^^"^ "^^ LEGALIZE THE DOINGS OF THE TOWN OF WAKEFIELD
•^ * IN ACCEPTING A BEQUEST UNDER THE WILL OF CORNELIUS

SWEETSER, AND IN RAISING MONEY TO PURCHASE AND BEAUTIFY
A PUBLIC PARK IN SAID TOWN.

Be it enacted, etc., as follows:
Proceedings Section 1. That all votcs passcd and acts performed

1884. — Chapter 85. 61

by the town of Wakefield between the first day of April, relative to
A. D. eighteen hundred seventy-one and the nrst day or for a public
February, A. D. eighteen hundred eighty-four, for the ''""^ '''°" "^"^ *
purpose of raising or hiring money to purchase land and
beautify the same to be nscd as a public park by said
town, and the vote of said town passed on the seventh day
of May, A. D. eighteen hundred eighty-three, and all
acts under the same accepting a bequest of ten thousand ^Jq^uJirX °^
dollars with the conditions thereto annexed under the will conu-iius
or Cornelius oweetser, late or oaco in the state ot Maine, confirmed.
deceased, and authorizing the treasurer of said town with
the approval of the selectmen to hire the sum often thou-
sand dollars to comply with said conditions and issue the
notes of the town therefor in the sum of one thousand dol-
lars each, payable one note in each year for the next ten
years, are hereby ratified, confirmed and made valid.
Section 2. This act shall take eflfect upon its passage.

Approved March 14, 1884.

An Act authorizing the new york and new engi.and rail- niifir) 85

ROAD COMPANY TO MAKE CERTAIN APPLICATION OF THE PROCEEDS
OF THE SALES OF ITS SECOND MORTGAGE BONDS, AND TO ISSUE
PREFERRED STOCK.

^e it enacted, etc., as follows :

Section 1. The Ncav York and New England Rail- ^eL^of J'aks
road Comiiany is hereby authorized, in addition to the <■">■ present or

,. , I/"! 1 f -x future liabilities,

existing authority, to use the proceeds or the sales or the or may use
second mortgage bonds of said company, authorized by coi'iaterai
chapter two hundred and forty of the acts of the year *'^'=""'y-
eighteen hundred and eighty-two and not yet issued, for
the purpose of paying any present or future liabilities of
said company, or to use said second mortgage bonds as
collateral security for money borrowed for that purpose.

Secpion 2. Said railroad company is authorized, by May issue

, /. .... i. i- -i i 1 I 1 1 \ pieferreil stock,

vote or a majority in interest or its stockholders present not exceeding
and voting at a meeting duly called for that pur- simres.''""*"'^
pose, to issue not exceeding fitfy thousand shares of
preferred stock of the par value of one hundred dollars
each, the holders of which shall be entitled to receive out
of the net earnings of the company dividends of seven per
cent, per annum, the same to be paid in semi annual in-
stalments in such sums as the directors of said corporation
may determine; and, if the net earnings of any year shall
not be sufficient to pay said dividends, the same shall be

1884. — Chapter 85.

To bepnidforin
ca.<h, or in cash
and conimou
Block.

Common 8tork
taken in pay-
ment to 1)U
cancelled.

Owners of
preferred stock
to have same
rights of voting,
etc., as ownera
of common
stock.

Rights of
second mort-
gage bond-
holders not to
be impaired
without their
consent in
writing.

Con.sent of the
Common wealth
not implied.

P. 8. 112, §§ 58,
59, and

r. 8. ICo, § 20,
not to apply to
preferred stock.

Subject to
acceptance
at a meeting
called within
one year.

cumulative and payable out of the net earnings of any
subsequent year, but without interest; said dividends and
accumulations to take priority over the dividends on all
other stock of the company, until, in addition to said div-
idends on said preferred stock, there shall be paid an equal
dividend upon the common stock, after which any dividend
declared by said company shall l)e divided equally between
said preferred and common stock.

Section 3. Said preferred stock may be paid for
wholly in cash or by payment of fifty dollars in cash and
two shares of the common stock of said company for each
share of preferred stock.

Section 4. Said common stock taken in payment for
said preferred stock shall be immediately cancelled when
received by said company.

Section 5. Owners of said preferred stock shall have
all the rights of voting and transfer which are or may be
enjoyed by the owners of said common stock, and said
preferred stock shall be counted wilh the common stock
in all questions of majorities and quorums.

Section (3. No legal or equitable right of any holder
of any second mortgage bond heretofore issued under the
authority of ch:q)ter two hundred and forty of the acts of the
year eighteen hundred and eighty-two, shall be in any way
affected or impaired by the provisions of this act or by the
issue of any bonds hereafter to be issued under the same,
imtil he shall have signified his consent to the provisions
of this act by filing such consent in writing with the trus-
tees under said mortgage, specifying therein the numbers
and amounts of the bonds held by him, and by endorse-
ment of such consent on said bonds. The consent of the
Commonwealth as a holder of said bonds shall not be im-
plied by the passage of this act, but may hereiifter be
given by the treasurer of the Commonwealth, Avith the
approval of the governor and council, when in their judg-
ment the interests of the Commonwealth require it.

Section 7. The provisions of sections fifty-eight and
fifty-nine of chapter one hundred and twelve, and of sec-
tion twenty of chapter one hundred and five of the Public
Statutes, shall not apply to the shares of preferred stock
which may be issued under this act.

Section 8. This act shall take effect on its acceptance
by the stockholders of said railroad company at a meeting
called for that purpose, provided such meeting is called

1884. — CiiAPTEKS 86, 87. 63

within one year from the passage of this act, at which
meeting said stockholders may also vote upon the question
of issuing said preferred stoclc. Approved March 14, 1884.

An Act to amend the charter of the city of chelsea re- (JJiQr)^ g(3

LATING TO THE ELECTION OF ASSESSORS.

Be it enacted, etc , as folloivs :

Section 1. The assessors to be elected in the city of ^J'«^'ff,^°Jf, ["^"y
Chelsea during the current year shall be elected to serve serve tinee
one for one year, one for two years and one for three
years, and until their successors are elected and qualiHed ;
and thereaftei'the city council shall annually elect an as-
sessor to serve for three years and until his successor shall
be elected and qnalitied. Any vacancy occurring in the Vacancy.
board of assessors may be tilled at any time, and the
member so elected shall hold office only tor the unexpired
term of the member who has ceased to hold office.

Sectiox 2. All acts and parts of acts inconsistent Repeal.
herewith are hereby repealed.

Section 3. This act shall take effect upon its passage voi<i unieps

,,,,,, . , , i 1 1 Ti -i -1 sicccpted within

but shall become void unless accepted by the city council thirty days.
of Chelsea within thirty days thereafter.

Approved March 17, 1884.

An Act to authorize the incorporation of the meigs ele- QJiqj)^ 87
vated railway company.

Be it enacted, etc., as folloivs :

Section 1. Joe V. Meigs, William S. Butler, William Mcige Eiov,-.tcd
A. Kussell, Roland Worthington, Thomas W. Pierce, company.
Henry Hastings, Nathan Appleton, Franklin E. Gregory,
Edgar E. Dean, George A. Alden, George E. Harrington,
Frank Jones, J. W. Johnson, George J. Carney, Charles
E. Powers, their associates and successors, may associate
and become a corporation as the Meigs Elevated Railway
Company in the manner provided by chapter one hundred
and thirteen of the Public Statutes and acts in addition
thereto, subject to all the duties, restrictions and liabilities
contained therein, so far as the same can be applied there-
to, except those parts referring to the "gauge" of the
road, the amount of its capital stock, and the manner of
paying in the same, for the purpose of building, maintain-
inoj and operating an elevated railway between some point Between c.->ra.

. ~ . ^ ~ . . . ' hridi^e and

in the city of Cambridge and Bowdoin Square in the city Bowdoin
of Boston. The location of said road across the Charles Boston.'"

G-i 1884. — Chapter 87.

Location of River shall Hot be south of the southerly line of West

load. . ''

Boston Bridge, and shall thence proceed in the most direct
practicable route to Bowdoin Square in Boston, and there
Proviso. terminate r^/'oy/cZecZ, however^ that the board of aldermen

of the city of Boston may, for reasons of public necessity
and convenience, to avoid unnecessary damage to property
deflect the route from the most direct line. For the pur-
pose of applying said provisions of said chapter one hun-
dred and thirteen to the corporation hereby authorized, it
shall be deemed a street railway corporation.
Capital stock to Sectiox 2. The amouut of its Capital stock shall not
$u"i")oofor '''" be less than one hundred thousand dollars for each mile of
road.""'*' °*^ road. Not less than ten per cent, of said stock shall be
paid in before a certificate of incorporation is issued, and
the whole capital stock shall be paid in in cash before the
construction of the road shall be commenced.
Location of SECTION 3. Locatious foF tracks shall be petitioned

gr'aniidor for bctwecu the points named in section one of this act,
aMermen^of aiul after fourtccn days' notice, of which notice a copy
WHtTo'rns'' shall be left with the owner or occupant of each estate on
asked. the line of the proposed location, seven days before the

hearing, a hearing shall be had before the board of alder-
men of the city in which the location is asked, as provided
in section seven of said chapter one hundred and thir-
teen, and after such hearing the board of aldermen may
refuse the location asked for, or grant the same, in whole
or in part, under such restrictions as they shall deem the
public interests require, and the board of aldermen of
cither of said cities of Cambridge or Boston may, on
Location may be like uolicc and hearing, revoke any location after the ex-
onoytar^nd piratlou of ouc year from the granting of the same, if, in
rlquTred'to be their judgment, the public interests so require, and in
Txpunse^o^f case of such revocation may require the structures of the
corporation. compauy to bc removed and the location to be restored to
its original condition at the expense of the corporation, in
the same manner and with like requirements as in the rev-
ocation of locations for street railways under sections
twenty-three, twenty-four, twenty-five and twenty-six of
said chapter one hundred and thirteen.
Location of SECTION 4. No locatiou for tracks shall be petitioned

not to be °* °° for iu the city of Boston until at least one mile of the road
SMtuone'^m'ire has bccu bullt and operated, nor until the safety and
buiuretc.?an!f" Strength of the structure and the rolling stock and motive
safety, etc., has powcr shall bavG been examined and approved by the

been approved ^ i i ./

188i. — Chaptek 87. 65

board of railroad commissioners or by a competent eno^i- by the railroad
neer, to l)e appointed by them, and to be paid by said
corporation a price fixed by said board.

Section 5. The Meigs elevated railway shall not be Road to be bum
built after the manner of the New York elevated railways, phuisle^^of
but shall be l)uilt according to the plans, methods and "^"^ ^" ^'"^^•
inventions of Joe V. Meigs, a copy of which shall be filed
with the secretary of state within sixty days of the pas-
sage of this act; and upon granting a location, the board
of aldermen shall prescribe the height at which the lowest
part of the girder shall be above the ground, and the
width of the track, provided that its greatest width shall
not exceed twenty-two and one-half inches.

Section 6. The provisions of sections thirteen and Provisions of

PS 113 §5 13

fourteen of chapter one hundred and thirteen, and sections u; 112, §3s-4u,
thirty-eight to forty inclusive, and sections forty-three to i882r265to
forty-five inclusive, of chapter one hundred and twelve of *pp'^'
the Public Statutes, and of chapter two hundred and sixty-
five of the acts of eighteen hundred and eighty-two, shall
api)ly to said corporation. The corporation may take, in May take land.
the manner prescribed in sections ninety-one to ninety-
three inclusive, of chapter one hundred and twelve of the
Public Statutes, as much land as may be necessary for the
proper construction and security of the road, or as may
l)e necessary for depot and station purposes.

Section 7. The owner of any property taken for such compensation
railway, or of any property abutting on streets through
which said railway may pass, not so taken, in any man-
ner injuriously affected or lessened in value, whether by
smoke, noise, obstruction of light, air or access, disturb-
ance of quiet enjoyment or otherwise, by the construction,
maintenance or operation of said railway, may petition for
assessment of his damages, and his petition shall be heard
and determined in the same manner and with like effect
as now provided by law when real estate is taken for pub-
lic highways. But said corporation shall not acquire title Title to land
to any land, nor enter upon any street, until all damages qulr'ed'unm
to the owners of land and abutters on any part of a street damages have

J I been paid or

occupied, or to be occupied, by its structure have been secured to the ;

paid or secured in a manner satisfactory to the owner, or

to be fixed by the superior court or any justice thereof,

sitting in equity for the county where the land lies, upon

the petition of either party and summary hearing. And

the erection of the structures authorized by this act in any

6G 1884. — Chapter 87.

street shall be deemed a new servitude, for which damages

may be claimed by any owner of land having a fee or an

easement appendant or appurtenant to his land, in, on or

cirimfng'^in^ter- over such Street, or by any tenant of such owner. But

estsinsarae all Dersous claJmins: interests in the same estate shall ioiu

estate to join m,'- .. ~ ..^,

one petition. in ouc petition. And such petition for damages on any
Petition to be street shall be filed before the expiration of one year after

hied within one , i • -i i i • i -i i •

year after the structures authorizcd by this act are built or operated m

built. "'^'^'' ^"^^ that part of such street contiguous to the petitioner's estate.
Damages to SECTION 8. The damages and costs recoverable by the

become first lien ... ,. i-ii' it

upon property, persous petitioning theretor, as herein before provided,
axes, c c. gj^^^jj |)ecome and be a first lien without priority to any of
said petitioners as among themselves, on all the property
of the said corporation, having priority of payment in full,
except over debts and taxes due to or assessed by the
United States or the Commonwealth, or any county, city
or town in the Commonwealth ; said lien may be enforced

If certain dam- for damages and costs, in equity. If any damaores recov-

ages are not .~ -i 11

paid for thirty ercd agaiust Said corporation, other than damages recov-
recovery.'^opera- ercd by owncrs of laiid and abutters on any part of a street
be"e°/trai^ilHi"by occuplcd by auy structure of said corporation, or their
superior court, tcnauts, as such owncrs, abutters or tenants, remain unpaid
for thirty days after final judgment therefor, the superior
court may, by injunction or other suitable process in
equity, prohibit and restrain the corporation from continu-
ing the operation of said road, or maintaining any struc-
ture in any place or manner injurious to the person applying
for such relief.
^t?eets\°oVe^ SECTION 9. Whenever Said coTporation shall make any

restored as soon excavatioii ill or near any public hio:hway, or shall set any

as practicable. „ ,. . .• .1 ^1 n

loundation, pier or post, in or near the same, the surtace
of the street, sidewalk or other ground shall be restored,
as soon as practicable, to the condition it was in before
the excavation was made, as near as may be ; and no in-
terference shall be had with, or change made in, water or
subtnrr.inean gas maius or pipcs, scwcrs, draius or other subterranean
i^tei^ferTd' with! works, cxccpt with the concurrence of the board of alder-
currenc'I of ''°" mcu first had and obtained, and upon condition that the
aldermen. Same shall bc immediately restored to a serviceable condi-
tion, as good as before the change or disturbance, and at
Superior court the solc cost aud cxpcnsc of Said corporation. And the

may summarily supcrior coui't iu eouity may summarily enforce the pro-
enforce pro- ,'■. /» 1 • . , . . . , .

visions of this visious of this scctioH by iiijunction or other appropriate
remedy.

section.

1884. — Chapters 88, 89. 67

Section 10. The provisions of section three of chap- p. s. los, § 3,to
ter one hundred and five of the Public Statutes shall apply "^^^"
to the corporation hereby authorized.

Section 11. This act shall take effect upon its passage.

Approved March 18, 1884.

A-s Act requiring notice to authorities of cities and towns QJinj) Qg
UPON applications for commitment or admission to the

MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED.

Be it enacted, etc , as foUoius :

Section 1. Whoever applies for the commitment or Notice to be
for the admission of a pupil or an idiot to the Massachu- 0^861 ecm^n^ of
setts School for the Feeble- Minded, under the provisions plfpfi J^^sfdls,
of chapter two hundred and thirty-nine of the acts of the when appiica-
year eighteen hundred and eighty-three, shall first give madeforcom-

»/ o o •/ ' ~ mitment

notice in writing to the mayor, or one or more of the to school.
selectmen of the place where the pupil or idiot resides, of
his intention to make such application ; and satisfactory
evidence that such notice has been given shall be produced
to the judge in cases of commitment.

Section 2. This act shall take effect upon its passage.

Approved March 18, 1884.

Chap. 89

An Act to incorporate the trustees of Florence kinder-
garten.

Be it enacted, etc., as follows:

Section 1. Arthur G. Hill, Emily K. Sheffield, corporators.
Alfred T. Lilly, Elizabeth Powell Bond, Daniel W. Bond,
Chiara C. Plimpton and Henry B. Haven, all of the town
of Northampton, who were appointed trustees of the funds
bequeathed by Samuel L. Hill, late of Northampton, de-
ceased, and their successors in said trust, are hereby made
a corporation by the name of the Trustees of Florence Kin- jjame and pur-
dergarten, for the purpose of holding and managing said ^°^^-
funds bequeathed to them by said will and other property
real and personal not exceeding in all five hundred thou-
sand dollars, for the purposes of the trust as set forth in
said will, and with all the powers and privileges and Powers and
subject to all the duties, restrictions and liabilities of
the general laws relating to literary and charitable cor-
porations.

Section 2. Said corporation shall be managed by a to be managed
board of trustees composed of said incorporators. I'rus'tee^s'!'^'^ °^

1884. — Chaptees 90, 91.

Vacancies.

Chap. 90

May borrow
money for build-
ing sewers and
drains.

May issue
bonds.

Sinking fund to
be provided.

To take effect
upon acceptance
within one year.

Vacancies occurring in said board of trustees shall be filled
by a majority vote of the remaining trustees.

Section 3. This act shall take effect upon its passage.

Approved March 18, 1884.

An Act to authorize the city of lynn to borrow money

FOR the purpose OF BUILDING DUAINS AND SEWERS.

Be it enacted, etc., as follows :

Section 1. The city of Lynn for the purpose of build-
ing sewers and drains may raise by borrowing from time
to time a sum of money not exceeding two hundred and
fifty thousand dollars, and for this purpose may issue
from time to time bonds, notes or scrip not exceeding
said amount. Such bonds, notes and scrip shall bear on
their face the words " City of Lynn Sewer Loan, act of
1884," and shall be payable at the expiration of periods
not exceeding twenty years from the date of issue, shall
bear interest payable semi-annually at a rate not exceed-
ing six per centum per annum, and shall be signed by the
mayor and treasurer of said city. The said city may sell
such securities at public or private sale or pledge the same
for money borrowed for the purpose of building sewers
or drains, upon such terms and conditions as it may deem
proper. The said city shall provide at the time of con-
tracting said loan for the establishment of a sinking fund
and shall annually contribute to such fund a sum sufiicient
with the accumulations thereof to pay the principal of said
loan at maturity. The said sinking fund shall remain in-
violate and pledged to the payment of said loan and shall
be used for no other purpose, and said city shall raise
annually by taxation a sum sufficient to pay the interest
as it accrues on said bonds, notes and scrip.

Section 2. This act shall take effect upon its acceptance
by the city council within one yesiY from its passage.

Approved March 18, 1884.

Chaj). 91

Hyde I'ark
Water C.'ompany
incorporated.

An Act to incorporate the hyde park water company.

Be it enacted, etc., as follows:

Section 1. Waldo F. Ward, Robert Bleakie, John
S. Bleakie, Benjamin F. Radford, C. F. Allen, Hobart
M. Cable, William J. Stuart, Andrew Washburn, Isaac
J. Brown, David Perkins, David C. Marr, A. H. Holway,
S. C. Putnam, their associates and successors, are

1884. — Chapter 91. 69

hereby made a corporation by the name of the Hyde Park
Water Company, for the purpose of supplying the inhabit-
ants of the town of Hyde Park with water for domestic,
manufacturing and other purposes, inchiding the extin-
guishment ot tires, with all the powers and privileges, and
sul)ject to all the duties, restrictions and liabilities set
forth in all general laws which now are or may hereafter
be in force, so far as the same may be applicable to this
corporation.

Section 2. The said corporation, for the purposes May take water
aforesaid, may take, hold and convey through said town mver. *'^''"*'^'
of Hyde Park, or any part thereof, the waters of the
Neponset Kiver or of any springs upon its water-shed
within the territory bounded by a line drawn from the
junction of Mother Brook and Neponset River southerly
to the junction of Neponset Kiver and New York and New
England Railroad, thonee following the said railroad
southerly to the town line, thence easterly on said town
line to Neponset River, thence down said river and west-
erly following the town line to its junction with Williams
Avenue, thence in a straight line to point of beginning ;
and may take and hold, by purchase or otherwise, any
real or personal estate, rights of way and easements nec-
essary for holding and preserving such water and for con-
veying the same to any part of said town ; and may erect
on the land thus taken or held reservoirs, buildings, fix-
tures and other structures, and may make excavations,
procure and operate machinery; may construct and lay May construct
down conduits, pipes and other works under or over any conduL aiT
lands, water courses, railroads or public or private ways, ^^^^^'
and along such ways in such manner as not unnecessarily
to obstruct the same ; and may provide such other means
and appliances and do such other things as may be nec-
essary for the establishment and maintenance of complete
and efficient water works. For the purpose of construct-
ing, maintaining and repairing such conduits, pipes and
other works, and for all proper purposes of this act, said
corporation may dig up any such lands, and under the Maydigup
direction of the board of selectmen of the town may enter ways.''""* ^'^^'
upon and dig up any such public ways in such manner as
to cause the least hindrance to public travel thereon.

Section 3. The said corporation shall, within sixty To have record-
da^'s after the taking of any lands, rights of way, ease- deeds'^a^deecrip.
meuts, water rights or sources as aforesaid, otherwise etc" tlken.'^'"^

1884. — Chapter 91.

Liability for
damaguii.

No asBesBment
for damages
until water is
actually with-
drawn.

May regulate
use of water and
tlx and collect
rates.

Real estate and
capital stock.

May issue
bonds.

Corporations in
Hyde Park may
take stock.

than by purchase, file and cause to be recorded in the reg-
istry of deeds in Norfolk County a description thereof
sufEciently accurate for identification, with a statement
of the purpose for which the same were taken, signed by
the president of the corporation.

Section 4. The said corporation shall be liable to pay
all damages sustained by any person or corporation in
property by the taking of any land, right of way, water,
water source or water right or easement or by any other
thing done by said corporation under the authority of this
act. Any person or corporation injured in property
under this act, and failing to agree with said corporation
as to the amount of damage sustained, may have the dam-
ages assessed and determined in the manner provided by
law when land is taken for the laying out of a highway,
an application therefor to be made in writing within the
period of three years from the taking of such land or
other property or the doing of other injury under author-
ity of this act, but no such application shall be made after
the expiration of said three years. No assessment for
damages shall be made for the taking of any water right,
or for any injury thereto until the water is actually with-
drawn or diverted by said corporation under authority of
this act.

Section 5. The said corporation may distribute the
water through said town of H3'de Park ; may regulate the
use of said water and fix and collect rates to be paid for
the same ; may establish public fountains and hydrants and
discontinue the same, and may make such contracts with the
said town, or with any individual or corporation, to supply
water for the extinguishing of fires, or for other pur-
poses, as may be agreed upon by said town, individual or
corporation, and said corporation.

Section 6. The said corporation may for the purposes
set forth in this act, hold real estate not exceeding in
amount thirty thousand dollars ; and the whole capital stock
of said corporation shall not exceed two hundred thousand
dollars, to be divided into shares of one hundred
dollars each. The said corporation may issue bonds
to an amount not exceeding the amount of its capi-
tal stock actually paid in and applied to the purposes of
its incorporation, and may secure the same at any time by a
mortgage of its franchise and property. Any manufac-
turing or other corporation doing business in said town of

1884. — Chaptee 91. 71

Hyde Park may subscribe for and hold stock of said Hyde
Park Water Company.

Section 7. Whoever wilfully or Avantouly corrupts, p^'^-'ity for poi.

J 111! liitins or divert-

poUiites or diverts any of the waters taken or held under ingwater.
this act, or injures any structure, work or other property
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages as-
sessed therefor, to be recovered in an action of tort ; and
upon conviction of either of the above wilful or wanton
acts shall be punished by a tine not exceeding five hun-
dred dollars or by imprisonment in the county jail not
exceeding one year.

Section 8. The said town of Hyde Park shall have Town of Hyde
the right at any time during the continuance of the charter any time p'ur-
hereby granted, to purchase the franchise, corporate prop- ^l,ia'propenyf^
erty and all the rights and privileges of said corporation,
at a price which may be mutually agreed upon between
said corporation and the said town, and the said corpora-
tion is authorized to make sale of the same to said town.
In case said corporation and said town are unable to agree,
then the compensation to be paid shall be determined by
three commissioners to be appointed by the supreme judi-
cial court, upon application of either party and notice to
the other, whose award when accepted by said court shall
be bindino; upon all parties. This authority to ])urchase subject to assent

• T f 1 • 1 • ^1 t1- u ^ by the town bv

said iranchise and property is granted on condition that a two-thirds
the same is assented to by said town by a two-thirds vole ^''^'''
of the voters present and voting thereon at any meeting
called for that purpose.

Section 9. The said town, for the purpose of paying uydeParij
the cost of said franchise and corporate property and the
necessary expenses and liabilities incurred under the pro-
visions of this act, may issue from time to time bonds,
notes or scrip to an amount not exceeding in the aggregate
two hundred thousand dollars ; such bonds, notes and
scrip shall bear on their face the words " Hyde
Park Water Loan ; " shall be payable at the expiration of
periods not exceeding thirty years from the date of issue ;
shall bear interest payable semi-annually at a rate not ex-
ceeding six per centum per annum, and shall be signed
by the treasurer of the town and counter^igned by the
water commissioners hereinafter provided for. The said
town may sell such securities at public or private sale, or

72 188J:. — Chapter 91.

pledge the same for money borrowed for the purposes of
this act, upon such terms and conditions as it may deem

sinkingfund to proper. The said town shall provide, at the time of con-
eproMded. tractiug Said loan, for the establishment of a sinkingfund,
and shall annually contribute to such fund a sum sufficient,
with the accumulations thereof, to pay the principal of said
loan at maturity. The said sinking fund shall remain
inviolate and pledged to the payment of said loan, and
shall be used for no other purpose.

To raise by tax- Section 10. The Said town shall raise annually by

iition sufiicient . i>i -ii- i-t-i

to pay current taxatioH a sum which. With the income derived trom the
teVest on bond"! watcr ratcs, will be sufficient to p:iy the current annual
expenses of operating its water works, and the interest as
it accrues on the bonds, notes and scrip issued as aforesaid
by said town, and to make such contributions to the sinking
fund and payments on the principal as may be required
under the provisions of this act.
armmir/iorl-r SECTION 11. The sald town shall, aft«r its purchase of
to be elected. Said fiauchise aud corporato propcitv as provided in this
act, at a legal meeting called for the purpose, elect by
ballot three persons to hold office, one until the expira-
tion of three years, one until the expiration of two years,
and one until the expiration of one year from the next
succeeding annual town meeting, to constitute a board of
water commissioners ; and at each annual town meeting
thereafter one such commissioner shall be elected by ballot
for the term of three years. All the authority granted
to the said town by this act, and not otherwise specifically
provided for, shall be vested in said board of water com-
missioners, who shall be subject, however, to such instruc-
tions, rules and regulations as said town may impose by
Commissioners j^g yotc. Thc Said commissioucrs shall be trustees of the

to be trustees of. . i-i. i •• c • i

the sinking siukiug luud herein providcd for, and a majority or said
commissioners shall constitute a quorum for the transac-
tion of business relative both to the water works and to

Vacancy. the siukiug fuud. Any vacancy occurring in said board

from any cause may be filled for the remainder of the un-
expired term by said town at any legal town meeting
called for the purpose.

Corporation SECTION 12. The Selectmen of Hvde Park upou appli-

may be required ^ . <• , /. i i ^ \ • i j.

to give security catiou ot thc owncr oi auy land, water or water rights

oTdamifges?^^" takcu uudcr this act, shall require said corporation to give

satisfactory security for the payment of all damages and

costs which may be awarded such owner for the land or

1884. — Chapter 92. 73

other property so taken ; but previous to requiring such
security the said selectmen shall, if application therefor is
made by either party, make an estimate of the damages
which may result from such taking, and the said select-
men shall in like manner require further security, if at any
time the security before required appears to them to have
become insufEcient ; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except for making surveys or tests of the soil, shall
be su.-pended until it gives the security as required.

Section 13. The said corporation may at any time corporation
durmg the continuance of this charter contract with the with ^th" '^'^^
Dedham Water Company or the Sharon Water Company si'aroTcom.
for a supply of water on terms to be mutually agreed upon Pu"'*]^ ^Twater
between the parties so (ontracting, and may make such
connections of its conduits or pipes with those of the con-
tracting corporation as may be necessary for the purpose,
and said Dedham Water Company and said Sharon Water
Company are authorized to make such contracts and con-
nections and to furnish water to the Hyde Park Water
Company for the purposes aforesaid from any source from
which they are authorized to take water under their origi-
nal charters.

Section 14. This act shall take effect upon its passage, void unless
but shall become void unless work is commenced under mencJd within
it within one year from the date of its passage. one year.

Approved March 18, 1884.

An Act to enable the newton theological institution to njinj^ 92

HOLD additional PROPERTY.

Be it enacted, etc., asfolloivs:

Section 1. The Newton Theological Institution, a May hoid addi-
corporation under the laws of this Commonwealth, is here- ^^°"^ proper y.
by authorized to hold, in addition to the amount of prop-
erty it is authorized to hold in chapter ninety-six of the
acts of eighteen htmdred and twenty-six, a further amount
of property, not exceeding in all eight hundred thousand
dollars, of which not more than two hundred thousand
dollars shall be in real estate.

Section 2. This act shall take effect upon its passage.

Approved March 18, 1884.

74: 1884. — Chapters 93, 94, 95.

(JJlClT). 93 ^^ ^^"^ "^^ AUTHORIZE THE TOWN OF BELCHERTOWN TO COMPLY
WITH THE PROVISIONS OF THE WILL OF CALVIN BRIDGEMAN, AND
TO LEGALIZE THE ACTION OF SAID TOAVN ACCEPTING THE BEQUEST
CONTAINED IN SAID WILL

Be it enacted, etc., as follows :

Acceptance of Section 1. The acceptauce by the town of Belcher-
bequest in will ,. , , ^ . ^, ^ ,,, f /-, y • n • T y 1

of Calvin town ot the bequest in the will oi Calvin Bridgeman, late

raViflld"^" of Said Belchcrtown, is hereby ratified, confirmed and
made valid, and said town is hereby authorized to perforin
the conditions of said bequest relating to the care and
preservation of certain monuments and cemetery lots
described therein.

Section 2. This act shall take effect upon its passage.

Approved March 18, 1884.

Chan 94 "^^ ^^^ ^^ confirm certain acts OF THE UNION CONGREGATIONAL

SOCIETY IN NORTH BROOKFIELD.

Be it enacted, etc., as follows :
Acts of the Section 1. The procecdinofs of the meetings of the

society ratinea. i o '^

Union Congregational Society in North Brookfield, a cor-
poration duly organized on the twenty-ninth day of
October in the year eighteen hundred and fifty-three, shall
not be invalid because the annual meetings of said society
have been held during the month of March, nor because
only two persons have been heretofore chosen assessors of
said society.

Section 2. This act shall take effect upon its passage.

Approved March 18, 1884.

ChClT). 95 ^^ ^^"^ ^^ RELATION TO THE SALARY OF THE ENGINEER OF THE

STATE PRISON AT CONCORD.

Be it enacted, etc., as follows:

Salary estab- SECTION 1. The engineer of the statc prison at Con-

cord shall receive such salary, not exceeding fifteen hun-
dred dollars a year, as shall be fixed by the warden of
said prison, subject to the approval of the commissioners
of prisons.

R-epeai. SECTION 2. So much of chapter two hundred and

three of the acts of the year one thousand eight hundred
and eighty-two as is inconsistent herewith is hereby re-
pealed.

Section 3. This act shall take effect upon its passage.

Approved March 18, 1884.

1884. — Chapter 96. 75

An Act to authokize fire district number one of the town (J]iap^ 96
OF attlebohough to purchase the property and franchise

of the ATTLEBOROUGH "WATER DISTRICT IN SAID ATTLEBOROUGH,
AND FOR OTHER PURPOSES.

Be it enacted^ etc., as follows :

Section 1, The fire district number one of the town Fire District

.,, 1.1 1 I'lj 1 1111 Number One

or Attleborough is hereby authorized to purchase and noltl may purchase
the franchise and corporate property and all the rights prnp^t^ o" the
and privileges on condition of assuming all the debts, ob- water'iMstri'ct.
ligations and liabilities of the Attleborough water supply
district of said Attleborough, at a price which may be
mutually agreed upon between said districts ; and the said
water supply district may sell and convey the same to said
fire district. In case said districts are unable to agree,
then the compensation to be paid shall be determined by
three commissioners to be appointed by the supreme judi-
cial court, upon applicatioi^ of either party and notice to
the other, whose award when accepted by said court shall
be binding upon all ijarties. This authority to purchase subject to

T ^ '^ .-,,.'■. . -, i-ii ii assent by a two-

and convey said iranchise and property is granted on the thinisvoteof
condition that the same is assented to by said districts, by each district.
a two-thirds vote of each district of the voters present and
voting thereon at a meeting duly called for that purpose
within two years from the passage of this act.

Section 2. Said tire district upon having purchased coluinue'body
said property and franchise and assumed all the debts, corporate with

. "^ . "^ . . . , , T . "" powers and

obligations and liabilities of said water supply district, duties of water
shall be and continue a body corporate in addition to its ^"^^^
present powers, with all the powers, rights and privileges
and subject to all the duties, obligations and liabilities of
said water supply district in the manner provided in chapter
two hundred and seventy-one of the acts of the year eight-
een hundred and seventy-three, chapter one hundred and
one of the acts of the year eighteen hundred and seventy-
four and chapter ninety-nine of the acts of the year eight-
een hundred and seventy-seven, unless otherwise pro-
vided or inconsistent herewith, and subject also to any
gereral laws, which have been or may hereafter be en-
acted, applicable to such corporations.

Section '6. Said tire district at a meeting duly called f/io^^e wlter°
for that purpose shall choose by ballot a l)oard of water commissioners.
commissioners, which shall have in charge the construction
and maintenance of the works of the water supply depart-

1884 — Chapter 97.

Resristrar and
sinking fund
Commissioners.

Officers to make
annual reports.

Vacancies.

Attleborough
Fire District
Number One
Bonds, not to
exceed $50,000.

May supply
water through-
out the town.

ment and shall expend, for the purposes prescribed by the
district, the money so raised for the water department.
Said board of water commissioners shall consist of three
members, one of whom shall be elected for one year, one
for two years, and one for three years, and thereafter at
each annual meeting, one water commissioner for three
years. A registrar and, as their terms of office expire,
sinking fund commissioners, shall be elected, in the man-
ner now provided in said acts, at a meeting of said tire
district duly called for that purpose. The treasurer shall
receive all sums of money belonging to the district and shall
pay over and account for the same, according to its order, to
the order of the water commissioners, or to the order of the
prudential committee of said fire district. The water com-
missioners and all other officers, in the manner now provided
by said acts, shall annually make a full report in writing
of their doings and expenditures. Any vacancy in either
of these oflBces may be filled at a regular meeting of the
voters of said district called for that purpose.

Section 4. Said fire distiict may issue bonds, signed
by the treasurer of said district and countersigned by the
water commissioners, to be denominated " Attleborough
Fire District Number One Bonds," to an amount not to
exceed fifty thousand dollars, bearing interest payable
semi-annually, at a rate not exceeding six per centum per
annum, in addition to the bonds already issued by said
water supply district, the principal payable at periods of
not more than thirty years from the date of issue. Said
district may sell said bonds at public or private sale upon
such terms and conditions as it may deem proper ; and
may annually raise money by taxation in the manner and
for the purposes now provided by said acts.

Section 5. Said fire district may sell, convey and
supply water to corporations and persons outside the
limits of the district and within the limits of the town.

Section 6. This act shall take effect upon its passage.

Approved March 21, 1884.

ClldV' 97 ^^ ^^^ ^^ INCORPORATE THE GRANITE SAVINGS BANK IN THE

TOWN OF ROCKPORT.

Be it enacted, etc., as follows :
Granite Savings SECTION 1. William E. Wiusor, Johu L. Woodfull,
port incorpo- " Johu W. Marshall, George Elwell, George M. McClean,
rated. Nathaniel Richardson, Jr., Francis Tarr, Frank Scripture,

1884. — Chapter 98. 77

William H. Colby, George A. Lowe, their associates and
successors, are hereby made a corporation by the name
of the Granite Savings Bank, to be located in the town of
Rockport ; with all the powers and privileges and subject Powers and
to all the duties, liabilities and restrictions set forth in the
general laws which now are or may hereafter be in force
relating to savings banks and institutions for savings.
Section 2. This act shall take effect upon its passage.

Apjyroved March 21, 18S4.

An Act concerning contagious diseases. Qliaj). 98

Be it enacted 1 etc., asfollovos:

Section 1. When a householder knows that a person Householders
within his family is sick of small pox, diphtheria, scarlet men?etc.fof"
fever or any other disease dangerous to the public health, ouTtothe'pubiic
he shall immediately give notice thereof to the selectmen ''""''h.
or board of health of the town in which he dwells, and
upon the death, recovery or removal of such person, the
rooms occupied and the articles used by him shall be disin-
fected by such householder in a manner approved by the
board of health. Any person neglecting or refusing to penalty.
comply with either of the above provisions shall forfeit a
sum not exceeding one hundred dollars.

Section 2. When a physician knows that a person physicians to
whom he is called to visit is infected with small pox, health ,^etc!fo°f
diphtheria, scarlet fever or any other disease dangerous to ouHiseaie?^*''^
the public health, he shall immediately give notice thereof
to the selectmen or board of health of the town ; and if he penalty.
refuses or neglects to give such notice he shall forfeit for
each offence not less than fifty nor more than two hundred
dollars.

Section 3. The boards of health in the several cities Board of health
and towns shall cause a record to be kept of all reports of reporTs''"'^
received in pursuance of the preceding sections and such '''"=®'^'^'^-
record shall contain the names of all persons who are sick,
the localities in which they live, the diseases with which
they are affected, together with the date and the names of
the persons reporting any such cases. The boards of
health shall give the school committee immediate informa-
tion of all cases of contagious diseases reported to them
according to the provisions of this act.

Section 4. The secretary of the Commonwealth shall f'^cretaryto

/• •!! 1 1 r ^ 11-11I11 t p 1 furninh blank

turnish the boards oi health with blank books for the rec- books for the
ord of cases of contagious diseases as above provided. ^^'^'^^ '

78 1884 — Chapters 99, 100, 101.

^<^vea.\. Section 5. Sections seventy-eight and seventy-nine

of chapter eight}^ of the Public Statutes are hereby repealed.

Approved March 21, 1884.

Chop. 99 -^^ -'^CT TO PUOHIBIT THE EXHIBITION OF DEFORMITIES FOR HIRE.

Be it enacted, etc., as follows :

dc^fomiiies"^ Section 1. No deformed person who is a minor or

prohibited. insane, and no person who has an appearance of deformity

produced by artificial means, shall be exhibited for hire.
Penalty. SECTION 2. Any pcrsou violating any of the pi'ovisious

of this act shall be punished by fine not exceeding five
hundred dollars. Approved March 21, 1884.

(Jh(ip.\00 ^'^ ^^"^ TO AUTHORIZE THE TOWN OF IPSWICH TO RAISE MONEY
TO CELEBRATE THE TWO HUNDRED AND FIFTIETH ANNIVERSARY
OF ITS IN(;ORPORATION.

Be it enacted, etc. , as follows :
May raise SECTION 1. The towu of Ipswich may at its annual

money to • i I i ■% r

celebrate mcetmg held in March or April of the present year raise

anniversary of 14. .• •. n .\ t

incorporation, by tftxatiou or appropriate a sum ot money not exceednig
one thousand dollars for the purpose of celebrating the two
hundred and fiftieth anniversary of its incorporation.
Section 2. This act shall take eff*ect upon its passage.

Approved March 21, 1884.

Ch(ip.\0\ ^^ ^^"^ "^^ AUTHORIZE THE CITY OF MALDEN TO ISSUE ADDITIONAL

WATER FUND BONDS.

Be it enacted, etc., asfolloivs:
May issue SECTION 1. The clty of Maiden, for the purposcs mcn-

additional water . , , . -, . f i iii

fund bonds. tioncd w the third section oi chapter one hundred and
sixty of the acts of the year eighteen hundred and seventy,
may issue water fund bonds to an amount not exceeding
fifty thousand dollars, in addition to the amount author-
ized by said third section and by chapter one hundred and
sixteen of the acts of the year eighteen hundred and sev-
enty-two, and chapter two hundred and twenty-three of
the acts of the year eighteen hundred and seventy-six,
upon like terms and conditions, and with like powers iu
all respects as are provided in said chapter one hundred
and sixty of the acts of the year eighteen hundred and
seventy for the issue of water fund bonds of said town.
Section 2. This act shall take effect upon its passage.

Approved March 21, 1884.

1884. — Chapters 102, 103. 79

An Act to authorize the town of south abington to make Chap.102

AN ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Sectiox 1. The town of South Abington for the pur- south AWngton

111! Water Loan.

poses mentionecl in section five of chapter one hundred and
titty-two of the acts of the year eighteen hundred and
eighty-three, may issue notes, bonds or scrip to be de-
nominated on the face thereof " South Abington Water
Loan," to an amount not exceeding fifty thousand dollars
in addition to the amounts heretofore authorized by law to
be issued by said town for the same purposes ; said notes,
bonds or scrip to be issued upon the same terras and con-
ditions and with the same powers as are provided in the said
act for the issue of the " South Abington Water Loan : "
provided, that the whole amount of such notes, bonds or Not to exceed

^ . . , , . , , .1^1 I . I- 8100,000.

scrip issued by said town, together with those heretofore
issued by said town for the same purposes, shall not
in any event exceed the amount of one hundred thousand
dollars.

Section 2. This act shall take effect upon its passage.

Approved March 21, 1S84.

An Act to provide for the furnishing of free text-books (JJiav.XO^

AND SCHOOL supplies TO THE PUPILS OF THE PUBLIC SCHOOLS.

Be it enacted, etc., as follows:

Section 1. The school committee of every city and Text-books etc ,

. -^ "^ to be loaned to

town shall purchase, at the expense of such city or town, pupiis in public
text-books and other school supplies used in the public charge.
schools ; and said text-books and supplies shall be loaned
to the pupils of said public schools free of charge, subject
to such rules and regulations as to care and custody as the
school committee may prescribe.

Section 2. Pupils supplied with text-books at the Pupiis supplied
time of the passage of this act shall not be supplied with nwiedwith"
similar books by the committee until needed. needed""^''

Section 3. This act shall take effect upon the first day To take effect
of August eighteen hundred and eighty-four. - "g- .

Approved March 22, 1884.

1884 — Chapters 104, 105.

Chap.

104 An Act to authorize the boston and Albany railkoad com-
pany TO TAKE LAND AND BUILD A BRANCH OF ITS ROAD
THROUGH THE CITY OF NEWTON.

May build a
branch of its
road through
the citv of
Newton.

To take effect
upon accept-
ance.

Be it enacted^ etc., as follows:

Section 1. The Boston and Albany Railroad Company
may in accordance with the provisions of chapter one hun-
dred and twelve of the Public Statutes, and without
additional capital stock, take land for and build a branch of
its road from a point on the main line thereof near the
station thereon at Rivcrtside in the city of Newton, to and
connecting with the Newton Highlands branch, so called,
of its road, at any point thereon westerly of Boylston
Street crossing thereof in said Newton.

Section 2. This act shall take eftect upon its acceptance
by the directors of the Boston and Albany Raiboad Com-
pany. Ajijyi'oved March 25, 1884.

Chan 105 ^^ ^^^ ^^ authorize the town of brookline to issue ad-
ditional WATER SCRIP.

Brookline
Water Scrip.

Whole amount
not to exceed
$700,000.

Subject to
acceptance by a
two-thirds vote.

Bp, it enacted., etc., as folloivs :

Section 1. The town of Brookline, for the purpose
mentioned in section five of chapter three hundred and
forty-three of the acts of the year eighteen hundred and
seventy-two, may issue notes, scrip or certificates of debt,
to be denomiuated on the face thereof *' Brookline Water
Scrip," to an amount not exceeding one hundred thousand
dollars in addition to the sum which said town is now
authorized to issue, to be issued upon the same terms and
conditions, and with the same powers, as are granted in
said chapter ijjrovided, that the whole amountof such notes,
scrip or certificates of debt issued by said town for the
purpose before mentioned shall not in any event exceed the
sum of seven hundred thousand dollars.

Section 2. This act shall take effect upon its passage,
but shall become void unless accepted by two-thirds of the
voters of said town present and voting thereon at a legal
town meeting called for that purpose within two years
from the time of the passage of this act.

Approved March 26, 1884.

18S4.— Chapter 100. 81

An Act to incorporate the iiolliston water company. Ch(l7).\0G
Be it enacted, etc., as follows:

Section 1. John D. Shippee, Moses Joy, Jr., «Tohn Hoiiiston water
P. Daniels, Zephaniah Talbot, Charles E. Spriuf;:, their i,,coVponite<i.
associates and successors, are hereby made a corporation
by the name of the Hoiiiston Water Company, for the
purpose of furnishin'g the inhabitants of Hoiiiston with ifay supply
pure water for the extinguishment of tires and for domestic wat.r.
and other purposes, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities set
forth in the general laws which now are or may hereafter
be in force regulating such corporations.

Section 2. Said corporation may take, hold and con- ^aytakp the
vey through the town of Hoiiiston, or any part thereof, springs or
the water, so tar as may be necessary tor the purpose, ot Hoiiiston.
any spring or springs or of any stream or streams within
said town of Hoiiiston, and may take and hold by purchase
or otherwise any real estate necessary for the preservation
and purity of the same, or for forming any dams or reser-
voirs to hold the same, and for laying and maintaining
aqueducts and pipes for distributing the water so taken
and held ; and may lay its water pipes through any private May lay pipes
lauds with the right to enter upon the same and dig therein lami"^ ^"^'' *^
for the purpose of making all necessary repairs or service
connections ; and for the purposes aforesaid may carry its
pipes under or over any water-course, street, railroad,
highway or other way, in such manner as not unnecessarily
to obstruct the same ; and may under the direction of the May dig up

,■1^,. , TT T roads under the

board ot selectmen enter upon and dig up any road or direction of the
other way for the purpose of laying or repairing its aqtie- *'^'*''=^'"''"
ducts, pipes or other works ; and in general may do any
other acts and things convenient or proper for carrying
out the purposes of this act.

Section 3. Said corporation shall, within sixty days a description
after the taking of any land or water rights under the pro- taken^tobe tiu'd
visions of this act, file in the registry of deeds for the o" d'Jeds^wuhin
southern district of the county of Middlesex a description "xtydays.
of any land or water rights so taken sufficiently accurate
for identification, with a statement of the purposes for
which it is so taken, and the title of the land or water
rights so taken shall vest in said corporation. Any person
or corporation injured in any way by any acts of said cor-
poration, and failing to agree with said corporation as to

82 1884. — Chaptek TOG.

the amount of damages, may have the same asesssed and

determhied in the manner provided when land is taken for

highways ; but no application shall be made to the county

commissioners for the assessment of damaj^es for the taking

of water rights until the water is actually taken and diverted

Application not by Said coj-poration. Any person whose water rights are

damngesunm thus takou or afiocted may apply as aforesaid within three

tlke'ii.'*"'''"''"^ years from the time the water is actually withdrawn or

suitnottobe diverted, and not thereafter; and no suit for injury done

tiirelyears!"^ luidcr this act shall be brought after three years from the

date of the alleged receipt of injury.
Mayfixnnd SECTION 4. Said cor})orati()n may distribute the watcr

ratet! ^" through Said Holliston, msiy establish and fix from time to
time the rates for the us'i of said water, and collect the
Maypiippiy same; and niM}"" make such contracts with the town of
TowretJ.*''^ HoUiston, or any tire district that may hereafter be estab-
lished therein, or with individuals or corporations, to
supply water for fire or for other purposes, as may be
agreed upon by said town or fire district or individuals or
corporations, and said corporation.
Real estate and SECTION 5. Said Corporation , for the pui'poses sct foi'th
capita 8toc . .^^ ^j^.^ _^^^^ ^^^^ j^^^j^ ^^^^1 estate not exceeding in amount

thirty thousand dollars ; and the whole capital stock shall
not exceed fitt}' thousand dollars, to be divided into shares
of fifty dollars each.
Penalty for Section 6. If auy pci'sou shall use any of said water

diverting water , i xl • x ' -.i . xi i i- • i

or rendering it takcu uudcr this act without the consent ot said corj)ora-
impure. tiou, or shall wantonly or maliciously divert the water or

any part thereof so taken, or corrupt the same, or render it
impure, or destroy or injure any dam or aqueduct, pipe,
conduit, hydrant, machinery, or other works or property
held, owned or used by said corpoiation, under the author-
ity of and for the purposes of this act, he shall forfeit and
pay to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ; and
on conviction of either of the wanton or malicious acts
aforesaid may be punished by a fine not exceeding three
hundred dollars or by imprisonment in jail not exceeding
one year.
May purchase SECTION 7. Said corpoi'atiou may purchase from the
noVln'usJr owner or owners ot any aqueduct now used in furnishing
water to the inhabitants of said town of Holliston,his or
their whole water right, estate, property and privileges,
and by such purchase shall become entitled to all the rights

1884. — Chapter 106. 83

and privileges, and subject to all the liabilties and duties,
appertaining and belonging to such owner or owners.

Section b. The HoUiston Water Company may issue May issue bonds

,-, , , i-i. 1 311(1 secure same

bonds, and secure the same by a mortgage on its works, bymongage.
structures, equipments, franchise and other property, real
or personal, to an amount which shall not exceed the cap-
ital stock of said con)pany actually paid in and applied to
the construction or completion of said HoUiston Water
Company's works.

Section 9. The town of HoUiston shall have the right, '^°JJ^^^l^^.
at any time during the continuance of the charter hereby poraie property
granted, to purchase the corporate property and all the company,
rights and privileges of said company at a price which may
be mutually agreed upon between said corporation and the
said town of HoUiston ; and the said corporation is author-
ized to make sale of the same to said town. In case said Jj^ff ^ee """"
corporation and said town are unable to agree, then the compensation to

. ,■• 'iiiii -I A 'Jixi bedetermined

compensation to be paid shall be determined by three com- bycommis-
missioners, to be appointed by the supreme judicial court appo"tedby
upon application of either party and notice to the other, "le court.
"whose award when accepted by said court shall be binding
upon both parties. And this authority to purchase said subject to

^ •■ . 1 1 • • ii 1 awHcnt by a two-

franchise and property is granted on condition that the thirds vote.
same is assented to by said town by a two-thirds vote of
the voters present and voting thereon at a meeting called
for that purpose.

Section 10. This act shall be null and void unless said worktobecom.

. , menced withm

corporation shall within three years Irom the passage there- three years.
of avail itself of its provisions and commence a prosecu-
tion of the work herein authorized.

Section 11. The owners of lands and water rights security to be
taken under this act, upon application by either party for pa^menJof
an estimate of damages, may require said corporation to re^S.''^
give security, satisfactory to the board of selectmen of said
town, for the payment of all damages and costs which may
be awarded to them for the land or other property taken.
And if upon petition of the owner with notice to the
adverse party, the security appears to the selectmen of said
town to have become insuilicient, they shall require said
corporation to give further security to their satisfaction,
and all the right or authority of the corporation to enter
upon or use said land and other property, except for mak-
ing surveys, shall be suspended until it gives the security
required.

1884 — Chapter 107.

iSuiiderland
Water
Company
incorporated

May supply
Sunderland
with water.

May take the
water of Saw

Section 12. This act shall take effect upon its passage.

Approved March 26, 1884.

(JJlCin.107 ^^ -^CT TO INCORPORATE TUE SUNDERLAND WATER COMPANY.

Be it enacted, etc., as follows :

Section 1. Joel Burt, N. Austin Smith and Austin
D. Smith, their associates and successors, are hereby made
a corporation by the name of the Sunderland Water
Company, for the purpose of furnishing the inhabitants of
Sunderland with pure water for the extinguishment of
fires and for domestic and other purposes, with all the
powers and privileges, and subject to all the duties, re-
strictions and liabilities, set forth in the general laws which
now are or hereafter may be in force regulating such cor-
porations.

Section 2. The said corporation for the purposes

Mill Brook, etc. afoi'csaid may take by purchase or otherwise, hold and
convey through the town of Sunderland the water of "Saw-
Mill Brook," so called, in said town, and the waters which
flow into the same, and may take and hold by purchase
or otherwise the water rights connected with such water-
sources, and also all lands, rights of way and ease-
ments necessary for holding and preserving such water
and for conveying the same to any part of said town ; and

May erect daniB ixiay erect on the land thus taken or held proper dams,
buildings, fixtures and other structures, and may make
excavations, procure and operate machinery, and provide
such other meaus and appliances as may be necessary for
the establishment and maintenance of complete and
effective water works ; and may construct and lay down
conduits, pipes and other works, under or over any lands,
water-courses, railroads, or other public or private ways,
and along any such ways in such manner as not uneces-
sarily to obstruct the same ; and for the purpose of con-
structing, maintaining and repairing such conduits, pipes
and other works, and for all proper purposes of this act,

htiids aid ways, said Corporation may dig up any such lands, and, under
the direction of the board of selectmen of the town in
which any such ways are situated, may enter upon and
dig up any such ways in such manner as to cause the
least hindrance to public travel on such ways.

A description of SECTION 3. The Said corporation shall, within sixty

laniis etc., taken /• i t • i /•

to be recorded davs aftcr the takiuor of any lands, rights ot way, water

in the registry . •', , => *' x /■ • i .1 ^i

of deeds. rights, water-sources or easements asaioresaid, other tnan

structures.

May lay down
eoiiduits and

pipes.

May dig up

1884.— Chapter 107. 85

by purchase, file and cause to be recorded in the registry
of dieeds for the county of Franklin, a description thereof
sufficiently accurate for identification, with a statement of
the purpose for which the same were taken, signed by the
president of the corporation.

Section 4. The said corporation shall pay all dam- Liawntyfor
ages sustained by any person in property by the taking *"^'^^'^*-
of any land, right of way, water, water-source, water
right or easement, or by any other thing done by said cor-
poration under the authority of this act. Any person
sustaining damages as aforesaid under this act, who fails
to agree with said corporation as to the amount of dam-
ages sustained, may have the damages assessed and deter-
mined in the manner provided by law when land is taken
for the laying out of highways, on application at any time
within the period of three years from the taking of such
laud or other property, or the doing of other injury under
the authority of this act, but no such application shall be
made after the expiration of said three years. No applica- Application for
tion for assessment of damages shall be made for the taking brma'de\"mi[°
of any water, water right, or for any injury thereto, until ^i'vened?°'^"'*"^
the water is actually withdrawn or diverted by said cor-
poration under the authority of this act.

Section 5. Said corporation may distribute the water May fix and
through said town of Sunderland; may establish and fix ratLs!"^"^'"^
from time to time the rates for the use of said water, and
collect the same; and may make such contracts with the May supply
said town or any fire district that is or may be hereafter Zwl^eV!^'^
establit^hed therein, or with any individual or corporation,
to supply water for the extinguishing of fire or for other
jiurposes, as may be agreed upon by said town, such fire
district, individual or corporation, and said corporation.

Section 6. The said corporation may, for the purposes Reai estate and
set forth in this act, hold real fstate not exceeding in ^'P't^'^^^^k.
amount ten thousand dollars, and the whole capital stock
of si^id corporation shall not exceed one hundred thousand
dollars, to be divided into shares of one hundred dollars
each.

Section 7. Whoever wilfully or wantonly corrupts. Penalty for
pollutes or diverts any of the waters taken or held under poiuuinsor
this act, or injures any structure, work or other property, d'™rting water.
owned, held or used by said corporation, under the au-
thority and for the purposes of this act, shall forfeit and
pay to said corporation three times the amount of dam-

1884. — Chapter 107.

The town or
any Are
district therein
may purehate
the corporate
rights and
property of the
company.

If parties cannot
agree, price to
be det(-rniined
by commis-
eioiurs
appointed by
the court.

Purchase etib-
ject to assent by
a two-thirds
vote.

Security to
be given for
payment of
damages, if
required.

Work to be
coraraenced
■within three
years.

ages assessed therefor, to be recovered in an action of
tort; and upon conviction of eitlier of the above wilful
or wanton acts shall be punished by a tine not exceeding
three hundred dollars, or by imprisonment not exceeding
one year.

Section 8. The said town of Sunderland, or any fire
district that may be established therein, shall have the
right, at any time dui'ing the continuance of the charter
hereby granted, to purchase the corporate property and
all the rights and privileges of said corporation, at a price
which may be mutually agreed upon between said cor-
poration and the said town or fire district ; and the said
corporation is authorized to make sale of the same to said
town or fire district. In case said corporation and said
town or fire district are unable to agree, then the com-
pensation to be paid shall be determined by three com-
missioners, to be appointed by the supreme judicial court
upon application of either party and notice to the other,
whose award, when accepted by said court, shall be bind-
ing upon all parties. This authority to purchase said
franchise and proi)erty is granted on condition that the
same is assented to by saitl town or fire district by a two-
thirds vote of the voters present and voting thereon at a
legal meeting called for that purpose.

Section 9. The selectmen of said town upon jipplica-
tion of the owner of any land, water or water rights
taken under this act, shall require said corporation to give
satisfactory security for the payment of all damages and
costs which may be awarded such owner for the land or
other property so taken ; but previous to requiring such
security the said selectmen shall, if a])plication therefor is
made by either party, make an estimate of the damages
which may result from such taking, and the said selectmen
shall in like manner require further security, if at any time
the security before required appears to them to have become
insufficient ; and all the right or authority of said cor-
poration to enter upon or use such land or other property,
except for making surveys or tests of the soil, shall be
suspended until it gives the security as required.

Section 10. This act shall take effect upon its passage,
but shall become null and void unless work is commenced
under it within three years from the date of its passage.

Approved March 26, 1884.

1884. — Chapter 108. 87

An Act to incokpouate the lancasteu abater company. C/idV^^OS
Be it enacted, etc., as follows:

Section 1. William H. McNeil, Geoi-oje A. Barker, Lancaster
Eugene V, R. Thayer, Williard Kussell, John T. Langford, company
Spencer R. Merrick and D. F. Smith, and their associates '"'=°'P"''^'«' •
and successors, are herel)y made a corporation by the
name of the Lancaster Water Company, for the purpose
of furnishing the inhabitants of the town of Lancaster with Mayfumish
water for the extinguishment of fires and for domestic ^-ater.*''^'^ "^^"^
and other purposes ; with all the powers and privileges
and subject to all the duties, restrictions and liabilities set
torth in all general laws which now are or may hereafter
be in force applicable to such corporations.

Section 2. The said corporation for the purposes Maytakewaters
aforesaid may take by purchase or otherwise, and hold pond lands,
the waters of " Spectacle Pond," so called, in the town '^*f '« o'' ^^y^
of Lancaster, and the waters which flow into and from
the same and the water rights connected with any such
water sources, and also all lands, rights of way and ease-
ments necessary for holding and preserving such water May erect dams

dc • , 1 , i f ^- 1 i. J and other

for conveying the same to any part or said town ; and snuciurcs.

may erect on the land thus taken or held proper dams,
fixtures and other structures, and may make excavations,
procure and operate machinery, and provide such other
means and appliances as may be necessary for the estab-
lishment and maintenance of complete and eff'ective water
works; and may construct and lay down conduits, i)ipes May lay down

, , -^ •' , , ^ ' pipes and

and other works under or over any lands, water-courses, conduits.

railroads, or public or private ways, and along any such

ways in such manner as not unnecesarily to obstruct

the same ; and for the purpose of constructing, repairing

and maintaining such conduits, pipes and other works,

and for all proper purposes of this act, said corporation

may dig up any such lands, and, under the direction of ^ays'^undTr

the board of selectmen of the town in which any such direction of

"^ , selectmen.

ways are situated, may enter upon and dig up any such
Avays in such manner as to cause the least hindrance to
public travel on such ways.

Section 3. The said corporation shall within sixty a description
days after the taking of any lands, rights of way, water °ak(^ntobe"
rights, water sources or easements as aforesaid otherwise reg^JtVy deeds.
than by purchase, file and cause to be recorded in the
registry of deeds for the county within which such lands

1884.— Chapter 108.

Liability for
damages.

Application for
damages not lo
lie made until
water U
acttrally
diverted.

May regulate
use of water
and fix and
collect water
rates.

At ay connect
conduits with
tliose of tlie
town of
Clinton.

Proviso.

or other property is situated, a description thereof suffi-
ciently accurate for identification, with a statement of the
purpose for which the same were taken, signed by the
president of the corporation.

Section 4. The said corporation shall pay all dam-
ages sustained by any person in property by the taking
of any land, right of way, water, Avater source, water
right or easement or by any other thing done by said
corporation under the authority of this act. Any person
sustaining damages as aforesaid under this act who tails to
agree with said corporation as to the amount of damages
sustained, may have the damages assessed and determined
in the manner provided l)y law when land is taken for the
laying out of highways, on application at any time within
the period of three years from the taking of such haid or
other property, or the doing of other injury under the
authority of this act ; but no such application shall be
made after the expiration of said three years. No appli-
cation for assessment of damages shall be made for the
taking of any water, water rights, or for any injury there-
to, until the water is actually withdrawn or diverted by
said corporation under the authority of this act.

Section 5. The said corporation may distribute the
water through said town of Lancaster ; may regulate the
use of said water and fix and collect rates to be paid for
the same ; and may make such contracts with said town
or with any fire district that is or may hereafter be estab-
lished therein, or with any individual or corporation to
sufiply water for the extinguishing of fire or for other
purposes, as may be agreed upon by said town or such
lire district, individual or corporation, and said cor-
poration.

Section 6. The said corporation mav at any time
during the continuance of this charter connect its conduits
or pipes with those of the town of Clinton at the boundary
line between the tov/ns of Clinton and Lancaster, if said
town of Clinton shall consent thereto, and may contract
with said town of Clinton for a supply of water necessary
for the purposes of this act, upon such ternis as said town
of Clinton and said corporation may agree ; and said town
of Clinton is authorized to make such connection of its
own conduits or pipes and to furnish water to said cor-
poration and to enter into contracts for the same : pro-
vided, that nothing herein contained shall be construed to

1884. — Chapter lOS. 89

compel said town of Clinton to make or permit said con-
nection or to furnish said water; and, ])rovi(Ied, further^ Proviso.
that whenever from any reason the supply of water of said
town of Clinton shall not be more than sufficient for the
needs of the residents of said town of Clinton, the resi-
dents of said town of Clinton shall be first supplied.

Section 7. The said corporation may, for the purposes Real estate an.i
set forth in this act, hold real estate not exceedini? jj^ ^"P'ti' stoc.
amount ten thousand dollars; and the whole capital stock
of said corporation shall not exceed in amount fifty thou-
sand dollars, to be divided into shares of one hundred
dollars each.

Section 8. Whoever wilfully or wantonly corrupts, Penalty for
jDol lutes or diverts any of the waters taken or held tinder ni'pi'i'n/o'r'
this act, or injures any structure, work or other property ^iveruDg water.
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages as-
sessed therefor, to be recovered in an action of tort ; and
upon conviction of either of the above wilful or wanton
acts shall be punished by a fine not exceeding three
hundred dollars or by imprisonment not exceeding one
year.

Section 9. The said corporation may purchase from May purchase
the owners any aqueduct or water pipes now used in fur- wlue^'^pipe"*'^ °'
nishing water for the i)urpose of extinguishing fires in said "owmuse.
town of Lancaster and for domestic and other uses, all the
estate, property, rights and privileges of such owners, and
by such purchase shall become subject to all the liabilities
and duties to such owners appertaining : provided, ho2v- Proviso.
ever, that the corporation hereby created shall before sell-
ing water for domestic purposes within the territory now
supplied by the New Boston Aqueduct Company, except
by mutual agreement, purchase the property and rights of
said company upon such terms as said corporation and said
company may mutually agree, or on failure of such agree-
ment or purchase, then upon such terms as shall be pre-
scribed by three commissioners to be appointed by the su-
perior court after notice to both parties.

Section 10. The said corporation may issue bonds May issue bonds

T ,1 1 , •>/•!• 1 and secure same

ana secure the same by a mortgage on its tranchise and by mortgage.
other property to an amount not exceeding its ca})ital stock
actually paid in and applied to the purposes of its incorpo-
ration.

1884. — Chapter 109.

Town may pur-
chape franchise
and property at
any time.

Subject to
assent by a twO'
thirds vote.

Sectirity to be
given for
l)ayn)ent of
damages, if
required.

Work to be
commenced
within two
years.

Section 11. The said town of Ljincaster .shall have the
right at any time during the continuance of the charter
hereby granted, to purchase the franchise, corporate prop-
erty and all the liujhts and privileges of said corporation
at a price which may he mutually agreed upon between
said corporation and said town ; and the said corporation
is authorized to make sale of the s;ime to said town. In
case said corporation and said town are unable to agree,
then the compensation to be paid shall be determined by
three commissioners to be a[)poiiited by the supreme judi-
cial court, upon application of either party and notice to
the other, whose award when accepted by said court shall
be binding upon all parties. This authority to purchase
said franchise and property is granted on condition that
the same is assented to by said town by a two-thirds vote
of the voters of said town present and voting thereon at a
meeting called for that purpose.

Section 12. The selectmen of Lancaster upon applica-
tion of the owner of any land, water or wtiter rights taken
under this act, shall require said corporation to give satisfac-
tory security for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the said
selectmen shall, if application therefor is made by either
party, make an estimate of the damages which may result
from such taking, and the said selectmen shall in like man-
ner require further security, if at any time the security be-
fore required appears to them to have become insufficient ;
and all the right or authority of said corporation to enter
npon or use such land or other property, except for mak-
ing surveys, shall be suspended until it gives the security
required.

Section 13. This act shall take effect upon its passage,
but shall become void unless the work herein authorized
is commenced within two years from the date of the pas-
sage of said act. Approved March 26, 1884.

Chap.109 ^N Act relating to the public cemeteries in tue town of

WOBURN.

Be it enacted, etc., as follows:

uT^eiectedlo^ SECTION 1. The tovvn of Wobum is hereby authorizcd

have .barge of to clcct bv ballot, at auy town meeting duly called, a board

cemetery and of fivc couimissioncrs, who shall have the sole care, super-

l^unds.""''' intendence and management of the Woburn cemetery and

1884. — Chapter 109. 91

public burial grounds in said Woburn, one member (jf
which board shall be elected for the term of five years,
one for four years, one for three years, one for two years,
and one for one year; said terms to expire with the end
of the municipal or official year. Said board may be or-
ganized by the choice of a chairman and clerk from their
number, and a majority of the board shall be a quorum
for the exercise of the powers of said office. In case of a vacancy.
vacancy occurring in the board, by death, non-acceptance,
disability, resignation or removal during any municii)al or
official year, the remaining members shall notify the board
of selectmen of Woburn, in writing, thereof, and of a
time and place apj)ointed for a meeting of the two boards
for the purpose of tilling such vacancy, at least two weeks
before the time appointed for said meeting, and in pur-
suance of such notice said two boards shall proceed to till
such vacancy until the end of the then current or official
year by electing upon joint ballot a suitable person there-
to ; and at each successive annual election of town officers
after the year one thousand eight hundred and eighty-four
said town shall elect by ballot a suitable person or per-
sons to serve on said board for the remainder of any unex-
pired term or terms, and for such full term of five years as
shall expire before the next annual election.

Section 2. Said board of commissioners may lay out May layout
said Woburn cemetery, and lands which may be hereafter lou, emboiush
purchased and set apart by said town of Woburn for the the same, inclose
purposes of said cemetery, in suitable lots or other suitable eVe.VsuTtabr"'^
sub-divisions with proper paths and avenues ; may plant, ^dittoes.
embellish and ornament the same, may inclose the same
with proper fences, and erect such suitable edifices, ap-
pendages and conveniences, and make such improvements
as they shall from time to time deem convenient ; and may
make all such by-laws, rules and regulations in the execu-
tion of their trust, not inconsistent with the laws of the
Commonwealth, as they may deem expedient.

Section 3. Said board of commissioners shall have May convey by
authority to grant and convey to any person, by deed or exclusive' right
suitable conveyance made and executed in such manner "^ ^""^''
and form as they may prescribe, the sole and exclusive
right of burial, and of erecting tombs, cenotaphs and
other monuments or structures, upon such terms and con-
ditions as they shall by rules and regulations prescribe,
and all such deeds and conveyances, and all thereafter

1884. — Chapter 109.

Proceeds of
sales to he paid
into the town
treasury.

May take and
iiolil any
appropriation,
gift or bequest.

Funds in
treasury to he
invested under
direction of
commissioners.

Limitation of
indebtedness.

Miade of the same by the owners thereof may be recorded
by said board of commissioners in suitable books of record,
which said books shall be open to the public at all proper
times.

Section 4. The proceeds of sales of lots or rights of
burial in said Woburn cemetery shall be paid into the
town treasury of said Woburn, be kept separate from its
other funds, and bo devoted to the improvement and em-
bellishment of said cemetery and burial grounds as afore-
said, under the direction and subject to the order of said
board of commissioners.

Spxtion 5. Said board of commissioners are author-
ized to take and hold any appropriation, grant, donation,
gift or bequest heretofore made or hereafter to be made
upon trust, to apply the same or the income thereof for
the improvement or embellishtnent of said cemetery, or
for the erection, repair or renewal of any monument, ceno-
taph, tablet, fence or other structure therein ; or for the
care, improvement or embellishment of any lot or its ap-
purtenances in any manner or form consistent with the
purposes for which said cemetery is established according
to the terms of such appropriation, grant, donation, gift or
bequest, or upon such terms and conditions as said board
may establish, and may by an agreement or obligation bind
themselves and their successors so to apply the same.

Section 6. All funds now in the treasury of said town
of Woburn belonging to the account of said cemetery and
any and all sums of money eo received by said board of
commissioners shall be invested by the town treasurer of
said Woburn, under the direction of said board of com-
missioners, and all the same and all property so received
shall ever be kept separate from any other moneys or prop-
erty belonging to said town, and the income of the same
shall be received by its treasurer, be subject to the order
of said board of commissioners, and be appropriated by
them in such manner as shall in their opinion best promote
the purposes for which said appropriation, grant, donation,
gilt or bequest was or is made ; said board of commission-
ers and town treasurer shall be responsible to said town of
Woburn for the faithful performance of their respective
duties under the provisions of this act.

Section 7. Said board of commissioners shall not in-
cur debts or liabilities for purposes other than aforesaid,
nor to an amount exceeding the amount of the funds sub-

1884. — Chapter 110. 93

ject to their order as aforesaid; and they shall annually Annual report.
make and render a report in writing of their acts to said
town of Woburn, and doings, of the condition of said
cemetery and burial grounds, and account of their receipts
and expenditures for the same, and of the funds subject to
their order.

Section 8. This act shall be void uuless accepted by subject to
a vote of said town of Woburn at a meeting duly called ^hrtown^within
within four months from its passage. fourmonti.s.

Section 9. This act shall take effect upon its passage.

Approved March 26, 1884.

An Act to ixcorpokate the bkaintuee water company. Chci7).W0
Be it enacted, etc., as follows :

Section 1. N. E. Hollis, Benjamin F. Dyer, George Braintree
D. Willis, James T. Stevens, Alva S. Morrison, Samuel company
W. Hollis, Ebenezer Denton and their associates and sue- '"««^P"'«t«^^-
cessors, are hereby made a corporation, by the name of the
Braintree Water Company, for the purpose of furnishing
the inhabitants of the town of Braintree with water for
the extinguishment of fires and for domestic and other
purposes, with all the powers and privileges and subject
to all the duties, restrictions and liabilities set forth in all
general laws which now are or may hereafter be in force
applicable to such corporations.

Section 2. The said corporation for the purposes May take water
aforesaid may take water from the Quincy Water Com- QuHicy water
pany at a price to be mutually agreed upon by the two ^""P""^"
corporations. ■ In case of a failure to agree upon a price if companies
so to be paid, the price shall be determined by three com- priol"to^br'
missioners to be appointed by the supreme judicial court tomn?\"swnl7e
upon application of either party and notice to the other, "i/'P^yljVT* ^^
whose award when accepted by said court shall be binding
upon both corporations. The Quincy Water Company for
the purpose of supplying water to the town of Braintree as
provided in this act, may sell to the Braintree Water Com-
pany hereby incorporated such water as may be agreed
upon, and upon the terms and conditions as herein pro-
vided for the purchase of the same by the said Braintree
Water Company.

Section 3. The said corporation for the purposes May lay down
aforesaid may construct and lay down conduits, pipes and pipes""*'"
other works, under or over any lands, water courses, rail-
roads or public or private ways, and along such ways in

1884. — Chapter 110.

May dig up
ways under
direction of
selectmen.

Liability for
daniiigot).

Security for
payment of
dnmagi's to be
jjiven, if
required.

Mav distribute
water and
fix and collect
water rates.

such manner as not unnecessarily to obstruct the same ;
and for the purpose of constructing, maintaining and re-
pairing such conduits, pipes or other works, and for all
proper purposes of this act, said corporation may dig up
any such lands, and, under the direction of the selectmen
of the town in which any such ways are situated, may
enter upon and dig up any such ways in such manner
as to cause the least hindrance to public travel on such
ways.

^Section 4. The said corporation shall pay all damages
sustained by any person in property or by anything done
by said corporation under the authority of this act. Any
person sustaining damages as aforesaid under this act, who
fails to agree with said corporation as to the amount of
damages sustained, may have the damages assessed and
determined in the manner provided by law when land is
taken for the laying out of highways, on application at any
time within three years from the time of the doing of the
injury under the authority of this act; but no application
for assessment of damages shall be made after the expira-
tion of said three years. The owners of lands and water
rights taken under this act, upon application by either
party for an estimate of damnges may require said corpo-
ration to give security satisftictory to the board of select-
men of said town, for the payment of all damages and costs
which may be awarded to them for the land or other prop-
erty taken. And if, upon petition of the owner, with no-
tice to the adverse party, the security appears to the se-
lectmen of said town to have become insufficient, they
shall require said corporation to give further security to
their satisfaction, and all the right or authority of the cor-
poration to enter upon or use said land and other property,
except for making surveys, shall be suspended until it
gives the security required.

Section 5. The said corporation may distribute the
water through said town of Braintree; may regulate the
use of said water and fix and collect rates to be paid for
the use of the same ; and may make such contracts with
the said town, or with any fire district that is or may here-
after be established therein or with any individual or cor-
poration to supply water for the extinguishing of fire or for
other purposes, as may be agreed upon by said town or
such fire district, individual or corporation, and said cor-
poration.

1884. — Chapter 110. 95

Section 6. The said corporation may for the purposes Reni estate and
set forth in this act hold real estate not exceedini^ in '=='i'""' ^^o'^^-
amount twenty thousand dollars, and the capital stock of
said corporation shall not exceed fifty thousand dollars, to
be divided into shares of one hundred dollars each.

Section 7. The said corporation may issue bonds and Mayissuebonds

• /•I'll and secure same

secure the same by a raorto^age on its franchise and other by mortgage.
property to an amount not exceeding its capital actually
paid in and applied to the purposes of its incorporation.

Section 8. The said town of Braintree shall have Town may at
the right, at any time during the continuance of the char- purchase
ter herel)y granted, to purchase the franchise, corporate propmy-""'^
property and all the rights and privileges of said corpora-
tion, at a price which may be mutually agreed upon be-
tween said corporation and the said town, and the said
corporation is authorized to make sale of the same to the
town. In case said corporation and said town are unable Failing to agree,
to agree, then the compensation to he paid shall be deter- be"fixe'd^by°"
mined by three commissioners to be appointed by the commissioners.
supreme judicial court, upon application of either party
and notice to the other, whose award when accepted by
said court shall be binding upon all parties. This author- Subject to assent
ity to purchase said franchise and property is granted on a^wo^wr^s ^
condition that the same is assented to by said town by a ^°^*^"
two-thirds vote of the voters of said town present and
voting thereon at a meeting called for that purpose.

Section 9. The said town for the purpose of paying Braintree
the cost of said franchise and corporate property and the ^" ^"^ °*"*
.necessary expenses and liabilities incurred under the pro-
visions of this act, may issue from time to time, bonds,
notes or scrip to an amount not exceeding in the aggre-
gate the sum of one hundred and twenty-five thousand
dollars ; such bonds, notes or scrip shall bear on their face
"Braintree Water Loan ;" shall be payable at the expi-
ration of periods not exceeding thirty years from the date
of issue ; shall bear interest payable semi-annually at a
rate not exceeding six per centum per annum, and shall
be signed by the treasurer of the town and countersigned
by the water commissioners hereinafter provided for.
1 he said town may sell such securities at public or pri-
vate sale, or pledge the same for money borrowed for the
purposes of this act upon such terms and conditions as it
may deem propel. The said town shall provide at the sinking fundto
time of contiacling said loan for the establishment of a ^<^ p'-"^'^^'^-

96 1884.— Chapter 111.

sinking fund, and shall annually contribute to such fund a
sum sufficient with the accumulations thereof to pay the
principal of said loan at maturity. The said sinking fund
shall remain inviolate and pledged to the payment of said
loan, and shall be used for no other purpose.
Jnnuau..xation SECTION 10. The Said towu shall raise annually by
sufficiL-ntfor taxatiou u sum Avhicli with the iucomc derived from the

current mi i /r> •

expenses and watcr ratcs Will be suincient to pay the current annual

inti-refct on loan. ,. .• .. , i tji-^ ^

expenses or operatmg its water works, and the interest as
it accrues on the bonds, notes and scrip issued as afore-
said by said town, and to make such contributions to the
sinking fund and payments on the principal as may be
required under the provisions of this act.
itmnl^JiJnerf SECTION 11. The Said town shall, after its purchase of
to be elected. Said frauchisc aud corporatc property as pi'ovided in this
act, at a legal meeting called for the purpose elect by
ballot three persons to hold office one until the expiration
of three years, one until the expiration of two years, and
one until the expiration of one year from the next suc-
ceeding annual town meeting, to constitute a board of
water commissioners ; and at each annual towu meeting
thereafter one such commissioner shall be elected by
ballot^ for the term of three years. All the authority
granted to the town by this act and not otherwise specifi-
cally provided for, shall be vested in said board of water
commissioners who shall be subject however to such in-
structions, rules and regulations as said town may impose
toTe'^tni'itTc^s'^of ''J >ts votc. The Said commissioners shall be trustees of
fmid'"'^'"^ the sinking fund herein provided for, and a majority of
said commissioners shall constitute a quorum for the
transaction of business relative both to the water works
Vacancy. and the sinking fund. Any vacancy occuring in said

board from any cause may.be filled for the remainder of
the unexpired term b}' said town at any legal town meet-
ing called for that purpose.

Section 12. This act shall take effect upon its passage.

Approved March 26, 1884.

Chcip.WX -^N Act conferring on the board of aldermen of chelsea

CERTAIN POWERS RELATING TO ABATEMENT OF TAXES IN SAID
CITY.

Be it enacted, etc., as follows:

ti^xf^hylllL Section 1. All the powers now exercised by the
of aldermen, couuty commissioiiers f(n' the couuty of Middlesex relat-

1884. — Chapters 112, 113. 97

ing to the abatement of taxes assessed by the assessors of
the city of Chelsea, shall hereafter be vested in the board
of aldermen of said city only ; and said board of alder-
men shall constitute the sole board of appeal on complaints
for a refusal of said assessors to make abatement of taxes.

Section 2. This act shall not affect any legal pro- Pending
ceedmgs already commenced. not affected.

Section 3. This act shall be void unless accepted ^^ubjectto

... 1 • T acceptance

withm sixty days from its passage by a vote ot two-thirds within sixty
of the members of each branch of the city council of ^^^'
Chelsea present and voting thereon.

Section 4. This act shall take effect upon its passage.

Approved March 26, 1884.

Chap.U2

An Act to fix the salary of the treasurer of hampden

COUNTY.

Be it enacted, etc., as foUoivs :

Section 1. The treasurer of the county of Hampden salary estab-
shall receive an annual salary of fifteen hundred dollars
from and after the first day of January eighteen hundred
and eighty-four, payable from the county treasury.

Section- 2. So much of section two of chapter twenty- Repeal.
three of the Public Statutes as is inconsistent with this
act is hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved March 27, 1884.

An Act to incorporate the mansfield lake aqueduct com- (JJian.W^

PANY.

Be it enacted, etc., as follows :

Section 1. Samuel Camp, Parley A. Russell, John MansfieWLake
A. Brewer, Justin Dewey, Edwin D. Brainard, their asso- C(?mpany
ciates and successors, are hereby made a corporation by incorporated.
the name of the Mansfield Lake Aqueduct Company, for
the purpose of supplying the inhabitants of the village
of Great Barrington with water, subject to the limitations
hereinafter contained ; and for this purpose shall have all
the powers and privileges and be subject to all the duties,
restrictions and liabilities set forth in all general laws
which now are or may hereafter be in force relating to
such corporations.

Section 2. Said corporation may take, hold and con- May take the
vey to, into and through the village of Great Barrington Manefieid Lake.

1884. — Chapter 113.

A description of
land and pond
talien to be filed
in registry of
deeds.

May build one
or more perma-
nent aqueducts.

May distribute
water and fix
rates.

Proviso.

Work to be
under super-
vision of select
xaen.

the water of Mansfield Lake, so called, situated in the town
of Great Barrington, and may also take and hold by pur-
chase or otherwise, any real estate necessary for laying and
maintaining aqueducts for conducting, discharging and
distributing water, and may take and hold any land in or
around said pond, so far as may be necessary for the pres-
ervation and purity of the same. Said corporation shall,
within sixty days from the time of taking any such land
and said pond, tile in the office of the registry of deeds
in the southern district of the county of Berkshire a
description of the lands and pond so taken as certain as is
required in a conveyance of land, and a statement of the
purposes for which it is taken, signed by the president of
the corporation.

Section 3. Said corporation may make and build one
or more permanent aqueducts from said pond into and
throuirh the said village, and maintain the same by any
works suitable therefor ; may erect and maintain dams
to raise and retain the water in said pond ; may make and
establish public fountains and hydrants in such places as it
may from time to time deem proper and prescribe the pur-
pose for which they may be used, and may change or dis-
continue the same ; may distribute the water throughout
the said village, and may regulate the use of said water,
and establish the prices or rents thereof: provided ^ hoivever,
Ihat this corporation shall not supply any of the present
patrons or takers of water from the Great Barrington
Water Company, nor any other inhabitants of said village
with water for family or household purposes unless in each
case the Great Barrington Water Company shall for more
than thirty days after a request in writing has been made
therefor refuse, neglect or fail to furnish to such party a
sufficient supply of water for the purposes aforesaid ; and
said corporation may, for the purposes aforesaid, carry
and conduct any aqueducts or other works by it to be
made and constructed over or under any water course,
street, turnpike, road, railroad, highway or other way in
such manner as to cause the least possible hindrance to
the travel therein, and may enter upon and dig up any
such road, street or other way for the purpose of laying
down pipes beneath the surface thereof, and for maintain-
ing and repairing the same ; provided, that in excavating
for the purpose of laying the pipes and repairing the same

1884. — Chapter 113. 99

the work shall be done under the direction of the select-
men of the town of Great Burrington.

Section 4. Said corporation shall be liable to pay all Liability for

-1 1 1111 '11 •!• damages.

damages that shall be sustained by any person in his
property by the taking of any land, water or water rights,
or by constructing any aqueducts or other works for the
purposes specified in this act ; and if any person who shall
sustain damages as aforesaid cannot agree with said corpo-
ration upon the amount of said damages, the same shall be
ascertained, determined and recovered iii the manner now
provided by law in case of land taken for highway.

Section 5. Said corporation may hold real estate Real estate and

d. <• ,1 c 'J J capital stock.

convenient tor the purposes aroresaid, and

its whole capital stock shall not exceed thirty thousand

dollars, which shall be divided into shares of one hundred

doHars each, and no pecuniary obligation shall be assumed

by said corporation until one quarter part of its capital

stock has actually been paid in in cash.

Section 6. Any person who shall wilfully and wan- Penalty for wii-
tonly divert or draw olf the water of said pond when taken or d^ve°run|thl
by said corporation pursuant to the provisions of this act, ^''^"''"
or who shall wilfully and wantonly corrupt the same or
render it impure, or who shall wilfully and wantonly
destroy or injure any dam or reservoir, aqueduct, pipe or
hydrant or other property held, owned or used by the said
corporation for the purposes of this act, shall pay three times
the amount of actual damages to the said corporation, to be
recovered in an action of tort; and every such person,
upon conviction of either of the wilful and wanton acts
aforesaid, shall be punished by fine not exceeding one
hundred dollars, or imprisonment not exceeding three
years.

Section 7. The said town of Great Barrington and Town o. any
any fire district that is or may hereafter be established therein may
therein, shall have the right at any time during the con- ohi^Be'andprop
tinuance of the charter hereby granted to purchase the *^'''>-
franchise, corporate property and all the rights and privi-
leges of said corporation, at a price which may be mutually
agreed upon between said town or such fire district and
said corporation ; and the said corporation is authorized
to make sale of the same to said town or to such fire
district. In case said corporation and said town or such
fiix- district are unable to agree then the compensation to

100 1884. — Chapter 114.

be paid shall be determined by three coraniissioners to be
appointed by the supreme judicial court upon application
of either party and notice to the other, whose award when
accepted by said court shall be binding upon all parties.
Subject to as- This authority to purchase said franchise and property is

sent by a two- , t-ii • ii-i

thirds vote. granted on condition that the same is assented to by said
town or such fire district by a two-thirds vote of the voters
of said town or such tire district present and voting thereon
at a meeting called for that purpose.

Work to be SECTION 8. Thls act shall take cftect upou its passagc,

connncncGQ o '

within three but shall bccomc void unless work under it shall be com-
menced within three years from the date of its passage.

Approved March 27, 1884.

years.

ChciT>.W4: ^^ ■^^'^ '^*-* AUTHORIZE THE TOWN OF CLINTON TO ISSUE ADDITIONAL
WATER BONDS, AND TO FURNISH WATER TO THE INHABITANTS OF
LANCASTER, OR ANY CORPORATION THEREIN FOR FIRE, DOMESTIC
AND OTHER PURPOSES.

Be it enacted, etc., as follows:
Town of Clinton SECTION 1. The towu of Clintou in addition to the

may issue addi- ^ l- ^ i i i • ii ' t ^ i'

tionai water amount ot uotcs, Douds aud scrip authorized by section
bonds. ^.^^jj^. ^^^ chapter ninety-eight of the acts of the year eigh-

teen hundred seventy-six, and section three of chapter
fourteen of the acts of the year eighteen hundred eighty-
two, may issue a further amount of notes, bonds and scrip
not exceeding the sum of fifty thousand dollars in accord-
ance with the provisions of the acts herein referred to,
and for the purposes named therein.
May sell water SECTION 2. The towu of Cliuton is authorized to sell

to inhabitants i • i i • ^ i n t ''

of Lancaster, to the inhabitants ot the town of Lancaster residing along
the main pipe line of said town of Clinton where it passes
through said Lancaster, a supply of water for the ex-
tinguishment of fires and for domestic and other purposes.

May sell water SECTION 3. The towu of Cliuton may at any time

to the Lancaster i . , . /> i i /-it

Water Com- during the continuance or the charter ot the Lancaster

P*°y- Water Company, sell to said company a supply of water

needed for the purposes for which said Lancaster Water

Company was incorporated, and upon such terms as said

Lancaster towu and Said comoauy may ao^ree ; and said water com-

\VaterCompany , . .i 4.- ° ^ .j i . 4. -t

may connect pauy may during the continuance ot its charter connect its
of^to^wi'oV'"^^^ conduits or pipes with those of the town of Clinton at the
Clinton. boundary line between said towns of Clinton and Lancas-

ter, or at any other convenient point within the limits of
said town of Lancaster where the pipes and conduits of

1884. — Chapters 115, 116, 117. 101

said town of Clinton are now laid : provided, tiiat the Provisos.
town of Clinton shall assent thereto ; but nothing herein
contained shall be construed to compel said town of
Clinton to make or permit such connections or furnish
such water; and provided, further, that in case the town
of Clinton should agree to furnish water to the Lancaster
Water Company as herein provided, if from any reason
the supply of water of the town of Clinton shall not be
more than is sufficient for the needs of its own inhabitants,
then the needs of its own inhabitants shall be first sup-
plied, and any contract made by the town of Clinton with
the Lancaster Water Company shall be made with this
condition.

Section 4. This act shall take effect upon its passage, subject to ac-
but shall become void unless accepted by the vote of two two-thirdsvo^te.
thirds of the legal voters of the town of Clinton present
and voting thereon at a legal meeting called for that pur-
pose, within six months from the date of its passage.

Approved March 27, 1884.

An Act relating to the eligibility to office of members of QJinri 115

THE CITY COUNCIL OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

No member of the city council of the city of Boston Members of city
shall be eligible, during the term for which he was chosen, ton not eligible
to any office by appointment or by election of said city offices*.^'"
council or either branch thereof, the salary of which office
is payable from the city treasury.

Approved March 27, 1884.

An Act providing for the appointment of female assistant niiarf 116

PHYSICIANS IN STATE LUNATIC HOSPITALS.

Be it enacted, etc., as follows :

In each of the state lunatic hospitals from and after the Female assistant
first day of January in the year eighteen hundred and staleTunatilf
eighty-five an educated female physician shall be appointed ^^^p'*^'®-
assistant physician. Approved March 27, 1884.

An Act to authorize the county commissioners of the county (Jhn^ II7

OF FRANKLIN TO BORROW MONEY FOR THE PURPOSE OF BUILDING
A NEW JAIL AND HOUSE OF CORRECTION.

Be it enacted, etc., as folloivs :

Section 1. The county commissioners of the county May borrow
of Franklin are hereby authorized to borrow, on the credit ^fairind house

of correction.

102 1884. — Chapters 118, 119, 120.

of said county, such suras not exceeding in all thirty-five
thousand dollars as may be necessary to build a new jail
and house of correction, or to alter or enlarge that now in
use, in said county.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1884.

ChCLV.WS ^N ^^'^ RELATING TO THE EXPENSE OF RECORDING PROBATE PRO-
CEEDINGS IN THE COUNTY OF SUFFOLK.

Be it enacted, etc., as follows:

fecordfng°pro- SECTION 1. The cxpcnsc of recording probate pro-
bateproceed- ccediugs iu the county of Suffolk, regulated by section
exceed $2,000 in forty-four of chaptcF one hundred and fifty-six of the
any one year, p^jjij^. gtatutcs, shall uot cxcced two thousaud dollars in
any one year. So much of said section forty- four as is in-
consistent with this act is hereby repealed.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1884.

Chctp.W^ An Act in relation to deposits made by domestic insurance

COMPANIES WITH THE TREASURER OF THE COMMONWEALTH.

Be it enacted, etc , as follows:
Treasurer to Section 1. The trcasurcr of the Commonwealth is

return securities ,.-,.■, ■, . .

to home insur- hereby directed to return to any domestic insurance cora-

ance companies iU u i a i-'i.i -i* x- u

upon certiticate pauy, the whoic or any part ot the securities ot such com-
sfone"™'* pfiny held on deposit by him in pursuance of section one
hundred and fifty-six of chapter one hundred and nineteen
of the Public Statutes, upon the written request of such
company accompanied by the certificate of the insurance
commissioner that the securities of which the return is re-
quested are not required to be held under the provisions
of said section.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1884.

(JJlCir>.\20 ^^ ^^"^ RELATING TO THE RE-INSURANCE OF RISKS TAKEN BY INSUR-
ANCE COMPANIES ON PROPERTY IN THIS COMMONWEALTH.

Be it enacted, etc., asfolloios:
Reinsurance Section 1. No foreign OF othcr insuraucc company,

eflfected in com- associatiou, partnership, firm or Individual authorized to
FzeTtoX^buVi- transact the business of insurance in this Commonwealth,
staTe!"^ ^""'^ shall directly or indirectly contract for or effect any re-in-
surance of any risk taken by it on property in this Com-

1884. — Chapters 12], 122. 103

mon wealth with any insurance company, association,
partnership, firm or individual not authorized to transact
said business of insurance in this Commonwealth in ac-
cordance with the laws thereof.

Section 2. Any company or agent violating the pro- Penalty
visions of this act shall be punished by a fine of five
hundred dollars. Approved March 28, 1884.

An Act to dissolve the first congregational parish of hamil- (7Aa».121

TON AND to confirm THE CONVEYANCE OF ITS PROPERTY TO THE
FIRST CONGREGATIONAL SOCIETY OF HAMILTON.

Be it enacted^ etc., as follows:

Section 1. The conveyance of the property of the conveyance of
First Congregational Parish of Hamilton, incorporated tirm^e'd/ °°"'
under chapter eighty-nine, of the acts of the year eighteen
hundred twenty-nine, approved Februar}^ twenty-seventh,
eighteen hundred twenty-nine, to the First Congregational
Society of Hamilton, a corporation established under
general laws, is hereby ratified and confirmed, and said
first named corporation is hereby dissolved, and its rights, Parish dis.
privileges and property shall be vested in said First Con- ^^'"^ '
gregational Society of Hamilton.

Section 2. Any person claiming to be aggrieved by Liability for
the provisions of this act may at any time within one year ''*™^^®®'
after it takes effect apply by petition to the superior court
for the county of Essex for assessment of his damages, and
the same shall be assessed and determined by and under
the direction of said court, and shall be paid by said First
Congregational Society of Hamilton, which shall have
notice of the pendency of such petition and may defend
the same.

Section 3. This act shall take effect upon its accept- To take effect

. , . 1 o • <' TT •! upon acceptance

ance by said l^irst Congregational Society oi Hamilton at witiiin three

months

a legal meeting thereof called and held for that purpose
within three months from its passage.

Approved March 31, 1884.

An Act to enable cities and towns to prosecute or defend (JJiap.12'2

ACTIONS IN THE NAME OF OR AGAINST ABOLISHED SCHOOL DIS-
TRICTS.

Be it enacted, etc., as follows:

Section 1. Any city or town shall have the same right May prosecute

, , ^ c ^ i- -i. !• or defend

to prosecute or defend any action, suit or proceeding actions in name

104 1884. — Chapters 123, 124, 125.

of or against commeiiced or which may be commenced by or in the

abolished scbool - . ifiT it • i-i

districts. name oi or aganist any abolished school district which ex-

isted within such city or town, as though such action, suit
or proceeding were brought by or against such city or
town.

Section 2. This act shall take effect upon its passage.

Approved March 31, 1884.

Chap.\2i3 -'^^ Act in relation to assessors and assistant assessors in the

CITY OF BOSTON.

Be it enacted^ etc., as follows:
Terms of office SECTION 1. AsscssoFS and Rssistant assessors in the
and assistant City of Bostou may bc clcctcd in such manner and hold
Bo^stoa,"*" office for such term, not exceeding three years, as the city

council of said city may by ordinance prescribe
Ordinances SECTION 2. The ordjuauces of said city so far as they

confirmed. -^ •'

provide that assessors shall be elected and shall hold office
for three years are hereby confirmed, and shall continue
in force until the same are altered or repealed by the city
council ; and the persons elected assessors under said or-
dinances shall continue in office according to the tenor of
such ordinances.

Section 3. This act shall take effect upon its passage.

Approved March 31, 1884.

Gh(ip.\2i4i ^'^ -^CT TO change the NAME OF THE MITTINEAGUE CONGREGATIONAL

SOCIETY.

Be it enacted, etc. , as follows :
Name changed. SECTION 1. The name of the Mittineague Congrega-
tional Society is hereby changed to the Mittineague Con-
gregational Society of West Springfield.

Section 2. This act shall take effect upon its passage.

Approved 3Iarch 31, 1884.

Chap.\^^ -An Act RELATING TO THE DIVISION OF CITIES INTO WARDS.

Be it enacted, etc., as follows:

pT"28°Ti4^'' Section 1. Section fourteen of chapter twenty-eight
of the Public Statutes relating to the division of cities into
wards is hereby amended so that the new division men-
tioned in said section shall not go into effect before the
fifteenth day of December in the year in which it is made.
Section 2. This act shall take effect upon its passage.

Approved March 31, 1884.

1884. — Chapters 126, 127. 105

An Act in relation to the verification of the accounts of (Jhny) 1 28

ASSIGNEES IN INSOLVENCY.

Be it enacted^ etc. , as follows :

Section 1. The accounts of an assignee in insolvency, Assigneesin
required by section one hundred and two of chapter one 8wear*toTheir
hundred and lifty-seven of the Public Statutes, shall be "''■°"°''-
verified by the oath of said assignee, and when there are
two or more joint assignees their accounts may be allowed
upon the oath of one of them.

Section 2. This act shall take effect upon its passage.

Approved April 1, 1884.

An Act to incorporate the town of bourne. Chap.1.27

Be it enacted, etc., as follows:

Section 1. All the territory now within the town of 7°^'^' °f ^o'?™^

n 1 • 1 • 1 • 1 • I /■ 11 • T • • incorporated.

bandwich comprised withm the lollowmg limits, that is to
say ; — beginning at " Peaked Hill," so called, situate ou
the shores of Cape Cod Bay, at the boundary line of the
towns of Plymouth and Sandwich, and running south-
easterly along the shore of said bay two thousand .seven
hundred and twenty-eight yards, thence southerly in a
straight line to the northwest corner of " Freeman's Lane,"
so called, and the line of the Old Colony Railroad, thence
southerly by the centre of "Freeman's Lane" to the
county road, thence southerly in a straight line to the
junction of Pocasset road and Turpentine road, so called,
thence southerly by the centre of Turpentine road to the
dividing line between the towns of Sandwich and Fal-
mouth, thence by that line to Buzzard's Bay, thence by
Buzzard's Bay to the dividing line of the towns of Sand-
wich, Wareham and Plymouth, thence by the line divid-
ing the towns of Sandwich and Plymouth to the point of
beginning, — is hereby incorporated into a town by the
name of Bourne ; and said town of Bourne is hereby in-
vested with all the powers, privileges, rights and immu-
nities, and is subject to all the duties and requisitions, to
which other towns are entitled and subjected by the con-
stitution and laws of this Commonwealth.

Section 2. The inhabitants of said town of Bourne inhabitunts to
shall pay all arrears of taxes which have been legally faYesaMessed
assessed upon them by the town of Sandwich, and all gandwicT" "^
taxes heretofore assessed upon them and upon property
within the limits of Bourne and not collected shall be col-

106

1884. — Chapter 127.

Assessors of
Sandwich to
make returns
of valuation.

Liability for
support of
paupers.

Proviso.

Suits and pro-
ceedings at law
or in equity.

Division of
property and
debts.

lected and paid to the treasurer of the said town of Sand-
wich in the same manner as if this act had not been passed ;
and until the next general valuation of estates in this
Commonwealth, the town of Bourne shall pay annually to
the said town of Sandwich the proportion of any state or
county tax which the said town of Sandwich may be re-
quired to pay upon the inhabitants or estates hereby set
off, said proportion to be ascertained and determined by
the last valuation next preceding the passage of this act ;
and the assessors of Sandwich shall make returns of said
valuation, and the proportion thereof in the towns of Sand-
wich and Bourne respectively to the secretary of the Com-
monwealth and to the county commissioners of the county
of Barnstable.

Section 3. Said towns of Sandwich and Bourne shall
be respectively liable for the support of all persons who
do now or shall hereafter stand in need of relief as
paupers, whose settlements were gained, whether by orig-
inal acquisition or derivation, within their respective limits ;
and said town of Bourne shall pay annually to said town
of Sandwich three-sevenths of all costs paid by the last
named town for the support or relief of those persons,
who now do, or shall hereafter, stand in need of relief or
support as paupers, and who have gained a settlement in
said town of Sandwich in consequence of tlie military ser-
vices of themselves, or of those through whom they derive
their settlement : providedy that the person who rendered
such military seivice was not at the time of his enlistment
an inhabitant of the said town of Sandwich as heretofore
constituted.

Section 4. All suits and proceedings at law or in
equity, where the cause of action in favor of or against the
town of Sandwich arose before the passage of this act, shall
be instituted and prosecuted or defended, by said town of
Sandwich with the same eflfect as if this act had not been
passed ; and the amount recovered in any such suitor pro-
ceeding, by or against said town of Sandwich, shall be re-
ceived or paid, as the case may be, by the town of Sand-
wich, and divided between the towns of Sandwich and
Bourne in the same proportions as the public property
and debts of the town of Sandwich are required to be
divided by this act.

Section 5. The corporate property both real and per-
sonal, including rights of action belonging to said town of

1884. — Chapter 127. 107

Sandwich at the date of the passage of this act, except
as hereinafter provided, and the public debt existing at
said date, shall be divided between the towns of Sandwich
and Bourne according to the valuation of the property
within their respective limits, as assessed May first eigh-
teen hundred and eighty-three. Said towns of Sandwich
and Bourne shall each retain and hold all the real prop-
erty, public buildings and personal property used in con-
nection therewith now in their respective limits. In case if towns fail to
said towns of Sandwich and Bourne shall not agree iu bfdetemined
respect to a division of debts, unpaid taxes, state or county gj^.^er'^.""*'
taxes, or support of paupers, or in relation to the value
of the fisheries or any matter under this section or section
eleven, the supreme judicial court for the county of Barn-
stable shall, upon petition of either town, appoint three
commissioners, neither of whom shall be a resident of
Barnstable county ; and said petition may be filed and
appointments made in vacation to hear the parties and
determine the matters of difference ; and their award, or
the award of any two of them, being accepted by said
court, shall be final ; and said court shall have jurisdiction
to render judgment or make any order or decree upon
said award, to issue execution, or any other proper proc-
ess, to enforce such judgment, decree or order. But th(; Award of com-
award shall not be set aside unless for fraud or manifest
error ; in which case the court may recommit the
award, or appoint other commissioners, with the same
powers and duties as the first, of whose proceedings the
court shall have the same jurisdiction as herein before pio-
vided. In makins; said award the commissioners shall
assign the corporate property belonging to the said town
of Sandwich at the time of the passage of this act to the
town within which said corporate property shall be situate
or belong, so far as such division may be practicable ; and
said commissioners, may award a gross sum to the town
of Bourne or Sandwich as the case may be, in order to
make their division of corporate property just and equi-
table.

Section 6. The town of Bourne shall, until otherwise Ejection du-
provided by law, continue to be a part of the first con-
gressional district, of the first councillor district, of the
Cape senatorial district, and the first representative
district of Barnstable county ; and the inhabitants of said
town of Bourne shall vote for each of said officers in the

108

1884. — Chapter 127.

First meeting
for election of
town ofQcers.

Bourne to pay
for surveys and
establishing
lines.

Reimbursement
for bounties
and for state aid
to soldiers.

Regulation of
public fisheries.

Proviso.

Rights io shell
fishery or other
fisheries.

town of Bourne. The selectmen and clerk of said town
of Bourne, in each of said cases shall make returns as if
said town had existed at the time of the formation of said
districts.

Section 7. Any justice of the peace within and for
Barnstable county, whose residence is in the town of
Bourne, may issue his warrant directed to any inhabitant
of said town of Bourne requiring him to notify and warn
the inhabitants thereof, qualified to vote in town affairs,
to meet at the time and place therein appointed, for the
purpose of choosing all such officers as towns are by law
authorized and required to choose at their annual meetings ;
and said warrant shall be served by posting copies thereof,
attested by the person to whom the said warrant is directed,
in three or more public places in said town of Bourne,
seven days at least before such time of meeting. Such
justice, or in his absence, such inhabitant required to no-
tify the meeting, shall preside until the choice of modera-
tor in said town meeting. The selectmen of said town of
Sandwich shall, before said meeting, prepare a list of
voters in said town of Bourne qualified to vote at said
meeting, and shall deliver the same to the person pre-
siding at said meeting before the choice of moderator
thereof.

Section 8. Said town of Bourne shall bear the ex-
pense of making the necessary surveys and establishing
the lines between the said towns of Sandwich and Bourne.

Section 9. Said town of Bourne shall receive from
the said town of Sandwich a proportionate part of what-
ever amount may hereafter be refunded to said town of
Sandwich from the state or United States to reimburse it
for bounties to soldiers, or state aid heretofore paid to
soldiers' families, after deducting all reasonable expenses.

Section 10. The towns of Sandwich and Bourne may
severally regulate the public fisheries within their respec-
tive limits and the provisions of all special acts in relation
to the fisheries of Sandwich heretofore passed shall be
held to apply to the town in which any such fishery may
be located : provided, however, that every inhabitant of
Sandwich shall have the same rights in the public fisher-
ies of Bourne that an inhabitant of Bourne shall have.

Section 11. The town of Bourne shall pay to the
town of Sandwich in money the proportionate share of
said town of Sandwich in all rights, if any, in the shell

1884. — Chapters 128, 129. 109

fishery or other fisheries accruing by this act to the town
of Bourne, said proportion to be determined by the valua-
tion of the property within the limits of the respective
towns on the first day of May in the year eighteen hun-
dred and eighty-three. And the town of Bourne shall
have the management and control of the fisheries in said
town subject to the rights of the inhabitants of Sandwich
under section ten of this act.

Section 12. All rights heretofore secured to existing Rights of cor-
corporations upon the territory hereby incorporated shall impaired.
continue as though this act had not been passed.

Section 13. This act shall take eflfect upon its passage.

Approved April 2, 1884.

Chap.128

An Act to confirm the proceedings of the last annual town
meeting of the town of royalston.

Be it enacted, etc., as follows:

Section 1. The proceedings of the annual town meet- Proceedinss of
ing of the town of Royalston, held on the first Monday of co^iiVmed.'"^
March in the year eighteen hundred eighty-four, shall not
be invalid for the reason that the tellers appointed to aid
in checking the names of voters and in assorting and
counting the votes, were not sworn, and the election of
the town ofiicers at said meeting is ratified and confirmed.

Section 2. This act shall take effect upon its passage.

Approved April 2, 1884.

An Act to authorize cities and towns to issue notes, bonds (JJianAI'd

AND SCRIP.

Be it enacted, etc., as follows:

Section 1 . Any city or town which has already in- issue of bonds,
curred or shall hereafter incur a debt under the provisions lly'cui'^cs'ind"^
of chapter twenty-nine of the Public Statutes may issue *°^"*-
notes, bonds or scrip therefor proper!}' denominated on
the face thereof and signed by its treasurer and counter-
signed in case of a city by its mayor, and in case of a
town, by a majority of its board of selectmen, and within
the limitations as to amount and time of payment pre-
scribed in said chapter twenty-nine, with interest payable
semi-annually at a rate not exceeding six per cent, per
annum; and may sell said notes, bonds or scrip at public Bonds, etc., may
or private sale, or use the same in payment of such debts or prlvaU^Baie!"
upon such terms and conditions as it may deem proper,

110

1884. — Chapters 130, 131, 132.

provided that said notes, bonds and scrip shall not be sold
at less than par.

Section 2. This act shall take effect upon its passage.

Approved April 4, 1884.

Chap.\30 An Act to authorize the north attleborough gas light com-
pany TO LAY PIPES IN WRENTHAM, AND TO INCREASE ITS CAPITAL
STOCK.

Be it enacted, etc., as follows :

Section 1. The North Attleborough Gas Light Com-
iiany is hereby authorized to lay and maintain pipes for
the purpose of supplying gas within the town of Wrentham,
subject to the provisions of all laws that now are or may
hereafter be in force relating to gas light corporations.

Section 2. The said corporation is hereby authorized
to increase its capital stock to an amount not exceeding
one hundred and fifty thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved April 4, 1884.

Ch(X7).\^\ '^^ ^^^ CONCERNING COSTS AND EXPENSES IN PROBATE PROCEED-
INGS.

Be it enacted, etc., us foUoics:

Section 1. Section thirty-five of chapter one hundred
and fifty-six of the Pnblic Statutes relating to the allow-
ance of costs in probate proceedings is hereby amended
by inserting after the word "costs" in the second line
thereof, the words " and expenses."

Section 2, This act shall take effect upon its passage.

Ap)proved April 4, 1884.

May lay pipes
in Wrentham.

May increase
capital stock.

Costs and ex-
penses in
probate pro-
ceeditigs.

C'A«??.132 A^ A^"^ ^^ RELATION TO THE PROPERTY

RIGHTS OF HUSBAND AND

WIFE.

Transfer of
property be-
tween busband
and wife.
P. 8. 147. § .-5.

Certain trans-
fers not invali-
dated.

Be it enacted, etc., as follows :

Section 1. Section three of chapter one hundred and
forty-seven of the Public Statutes is hereby amended by
striking out at the commencement thereof the words " A
husband and wife shall not transfer property to each other,"
and by inserting in place of the same the words " Nothing
contained in the preceding sections shall authorize a hus-
band or a wife to transfer property one to the other."

Section 2. No transfer of property made since the
Public Statutes took effect, which would not have been

1884. — Chapters 133, 134. Ill

invalidated by the said section as hereby amended, shall
be deemed to be invalid by reason of anythiniij contained
in the said section prior to its being so amended.

Section 3. This act shall take eflfect upon its passage.

Approved April 4^ 1884.

An Act to authorize the milfokd and woonsocket kailroad (JJiap.X^'d

COMPANY TO PURCHASE OR TAKE A LEASE OF THE HOPKINTON
RAILROAD AND INCREASE ITS CAPITAL STOCK.

Be it enacted^ etc., as follows :

Section 1. The Milford and Woonsocket Railroad May purchase

. Hopkinton

Company is hereby authorized to purchase the franchise, Railroad owned
road and property lately owned by the Hopkinton Rail- Draper,
road Company, located and built between Ashland in the
county of Middlesex and Milford in the county of Wor-
cester, and sold to and now owned by George Draper of
said Milford in execution of a power of sale contained in
a mortgage of said franchise, road and property, upon such
terms as the directors may agree upon and which shall be
approved by the stockholders of the said Milford and
Woonsocket Railroad Company.

Section 2. The said Milford and Woonsocket Rail- May increase
road Company may, for the purpose herein before named, '^"^' '* *°°. '
increase its capital stock to an amount not exceeding two
hundred thousand dollars.

Section 3. Until the purchase is made according to May take a
the provisions contained in section one, the said Milford chTs'eisVffe^cted.
and Woonsocket Railroad Company is hereby authorized
to take a lease of and operate the said Hopkinton Rail-
road, upon such terms as may be agreed upon by the
directors, and approved by the stockholders of said com-
pany.

Section 4. This act shall take effect upon its passage.

Approved April 4, 1884.

An Act to authorize railroad companies to take land for (Jhcir) 134

ADDITIONAL TRACKS AND FOR OTHER PURPOSES.

Be it enacted, etc., asfolloivs:

Section ninety-one of chapter one hundred and twelve May take land
of the Public Statutes is amended so as to read as follows : — tracts* anTfor
If a railroad corporation, for the purpose of making or "thtr purpoees.
securing its road, or for depot or station purposes, requires
land or materials without the limits of the route fixed or
requires additional land for one or more new tracks adja-

112

1884. — Chapter 135.

Location to be
filed within one
year.

cent to other land occupied by such corporation by a track
or tracks already in use, and is unable to obtain the
same by agreement with the owner, it may apply to the
county commissioners, who, after notice to the owner,
may prescribe the limits within which the same may be
taken without his permission in the manner hereinafter
provided ; and the corporation shall file within one year
with the commissioners of each county in which the same
is situated, a location thereof duly certified by the clerk
of the board, defining the courses, distances and bound-
aries of such land in such form and with such other par-
ticulars as may be required by the rules prescribed by the
Proviso. board : provided, that where public highways, buildings,

parks or cemeteries are to be taken, the consent of the city
or town in which the land is to be taken shall be first
obtained. Approved April 4, 1884.

Ch(ip.\35 ^^ ^^"^ '^'^ AUTHORIZE THE CITY OP LAWRENCE TO INCUR DEBTS
IN ESTABLISHING A SYSTEM OF SEWERS, TO ISSUE BONDS AND TO
ESTABLISH A SINKING FUND FOR THE PAYMENT THEREOF.

Be it enacted, etc. , as follows :

Section 1. The city of Lawrence is hereby authorized
to incur debts in the execution of the powers granted by
chapter one hundred and seventy of the acts of the year
eighteen hundred and eighty-two, and for that purpose to
issue bonds, notes, scrip or certificates of debt to an amount
not exceeding three hundred thousand dollars, which shall
be payable at the expiration of periods not exceeding twenty
years from the date of issue and bear interest payable
semi-annually at a rate not exceeding six per centum per
annum. Such bonds, notes, scrip and certificates shall be
signed by the mayor and treasurer of said city and shall
bear on their face the words " City of Lawrence, Sewer
Loan, Act of eighteen hundred and eighty-four." The

Sinking fund to said city shall providc at the time of the issue of said
bonds, notes, scrip or certificates for the establishment of
a sinking fund, for the payment of the same according to
the provisions of chapter twenty-nine of the Public Statutes,
relating to the payment of debts incurred in the construc-
tion of sewers.

Subject to ac- SECTION 2. This act shall take cffcct uDou its passagc

ceptance wiihin , ,1., •! 1 jtii -^ -i

one year. but shall bccomc void uuiess acccepted by the city council

of said city within one year from its passage.

Ajyjrroved April 4, 1884.

May incur debts
in establixliing
system of
sewers.

1884. — Chapter 136. 113

An Act to incorporate the Bradford water company. ChdvABij
Be it enacted, etc. , as follows :

Section 1. Samuel W. Hopkinson, William Cogswell, com 'an^ H.**'"'
Albert L. Kimball, James H. Durgin, Albert Kimball, corporated.
John B. Farrar, William Hiltou, Charles B. Emerson and
their associates and successors, are hereby made a corpo-
ration by the name of the Bradford Waaler Company, for
the purpose of supplying the inhabitants of Bradford with
water for the extinguishment of fires and for domestic and
other purposes ; with all the powers and privileges and
subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or may hereafter
be in force applicable to such corporations.

Section 2. The said corporation for the purpose afore- May take water

.1 ^11 1 J.I • Jill i. from the Merri-

said, may take by purchase or otherwise, and hold water mack River,
from the JNIerrimac River and the waters which flow into the
same and the water rights connected therewith within the
limits of said town of Bradford, and also all lands, rights
of way and easements, necessary for holding and preserv-
ing such water, and for conveying the same to any part of
said town ; and may erect on the land thus taken or held,
proper dams, buildings, fixtures and other structures, and
may make excavations, procure and operate machinery,
and provide such other means and appliances as may be
necessary for the establishment and maintenance of com-
plete and effective water works ; and may construct and ^^y ''?y "^o?"

F-, -,. . ,, ,T conduits ana

lay down conduits, pipes and other works under or over other works.
any lands, water courses, railroads, or public or private
ways, and along any such ways in such manner as not un-
necessarily to obstruct the same; and for the purpose of ^^y dig up

. .... , .. IT- highways.

constructing, maintaining and repairing such conduits,
pipes and other works, and for all proper purposes of this
act, said corporation may dig up any such lands, and,
under the direction of the board of selectmen of the town
in which any such ways are situated, may enter upon and
dig up any such ways in such manner as to cause the least
hindrance to public travel on such ways.

Section 3. The said corporation shall, within sixty to cause to be
days after the taking of any lands, rights of way, water "g?8tiy of deeds
rights, water sources or easements as aforesaid, other than fandre"c.'^"^° "^
by purchase, file and cause to be recorded in the registry *^^"-
of deeds for the county within which such lands or other
property is situated, a description thereof suflSciently ac-

114 1884. — Chapter 136.

curate for identification, with a statement of the purpose
for which the same were taken signed by the president of
the corporation.
Liability for SECTION 4. The Said Corporation shall pay all dam-

ages sustained by any person in property by the taking of
any land, right of way, water, water source, water right
or easement, or by any other thing done by said corpora-
tion under the authority of this act. Any person sustain-
ing damages as aforesaid under this act who fails to agree
with said corporation as to the amount of damages sus-
tained may have the damages assessed and determined in
the manner provided by law when laud is taken for the
laying out of highways, on application at any time within
the period of three j'ears from the taking of such laud or
other property, or the doing of other injury, under the
authority of this act, but no such application shall be made
Application for after the expiratiou of said three years. No application
be m\^de untif° for assessmcut of damages shall be made for the taking of
diverted?'''"^"^ ^^^y water, water right, or for any injury thereto, until the
water is actually withdrawn or diverted by said corpora-
tion under the authority of this act.
May fix and SECTION 5. The Said Corporation may distribute the

ratet! ^ watcr through said town of Bradford ; may regulate the

use of said water and fix and collect rates to be paid for
the use of the same ; and may make such contracts with
the said town, or with any fire district that is or may here-
after be established therein, or with any individual or cor-
poration, to supply water for the extinguishing of fires or
for other purposes, as may be agreed upon by said town,
or such fire district, individual or corporation, and said
corporation.
Real estate and SECTION 6. The Said corporatiou may, for the pur-
poses set forth in this act, hold real estate not exceeding
in amount ten thousand dollars ; and the whole capital
stock of said corporation shall not exceed one hundred
thousand dollars, to be divided into shares of one hundred
dollars each.
Penalty for SECTION 7. Whocver wilfully or wantonly corrupts,

corrupting pollutcs or divcrts auy of the waters taken or held under
water. ^^.^^ ^^^^ ^^. iujurcs any structure, work or other property

owned, held or used by said corporation under the au-
thority and for the purposes of this act, shall forfeit and
pay to said corporation three times the amount of dam-
ages assessed therefor, to be recovered in an action of

18S4. — Chapter 136. 115

tort ; and upon conviction of either of the above wilful or
wanton acts shall be punished by a tine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 8. The said corporation may issue bonds, May issue
and secure the same by a mortgage on its iranchise and eecllfreV/
other property, to an amount not exceeding its capital ""ortgage.
stock actually paid in and applied to the purposes of its
incorporation.

Section 9. The said town of Bradford shall have the Town of Brad-
right at any time during the continuance of the charter cha8(ffVanchi8e
hereby granted to purchase the franchise, corporate prop- ''"'^ P'"°P'^'''y-
erty and all the rights and privileges of said corporation
at a price which may be mutually agreed upon between
said corporation and the said town ; and the said corpora-
tion is authorized to make sale of the same to said town.
In case said corporation and said town are unable to agree,
then the compensation to be paid shall be determined by
three commissioners, to be appointed by the supreme ju-
dicial court, upon application of either party and notice to
the other, whose award when accepted by said court shall
be binding upon all parties. This authority to purchase subject to as-
said franchise and property is granted on condition that rtwo-thh-X ^^
the same is assented to by said town by a two-thirds vote ^°^®-
of the voters present and voting thereon at a meeting
called for that purpose.

Section 10. The county commissioners for the county security may
within which any land, water or water rights taken under paymTJu of ^""^
this act is situated, shall, upon application of the owner ^iamages.
thereof, require said corporation to give satisfactory se-
curity for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is made
by either party, make an estimate of the damages which
may result from such taking, and the county commission-
ers shall in like manner require further security if at any
time the security before required appears to them to have
become insufficient; and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty, except for making surveys, shall be suspended until
it gives the security so required.

Section 11. Said company shall not in any way inter- Rights of Brad-
fere with or disturl) the rights or privileges which Brad- [rou^be^dT-^

turbed.

116

1884.— Chapter 137.

Chap.Vdl

Fire district of
Dalton may
supply itself
■with water.

May take
■waters from
Cleveland and
Egypt Brooks.

May laj- down
conduits and
pipes.

May dig up
highways under
direction of the
selectmen.

ford Academy, a corporation duly established under the
laws of this Commonwealth and located in said town of
Bradford, now enjoys for taking water from said Merri-
mac River for the use and general purposes of said
academy.

Section 12. This act shall take effect upon its passage.

Approved April 4, 1884.

An Act concerning a water supply for the fire district of

THE town of dalton.

Be it eyiacted, etc., as follows:

Section 1. The fire district of the town of Dalton
may supply itself and inhabitants with water for the ex-
tinguishment of fires and for domestic and other purposes ;
may establish fountains and hydrants, re-locate or dis-
continue the same ; may regulate the use of such water
and fix and collect rates to be paid for the use of the same.

Section 2. The said fire district may, for the purposes
aforesaid take, by purchase or otherwise, and hold the
waters from the Cleveland brook, so called, or the Egypt
brook, so called, in said town of Dalton, and other small
brooks near the same, as the said fire district may deter-
mine, and the waters which flow into and from the same,
together with any water rights connected therewith, and
also all lands, rights of way and easements necessary for
holding and preserving such water, and for conveying the
same to any part of said town of Dalton ; and may erect
on the land thus taken or held proper dams, buildings,
fixtures and other structures, and may make excavations,
procure and operate machinery, and provide such other
means and appliances as may be necessary for the establish-
ment and maintenance of coniplete and effective water
works ; and may construct and lay down conduits, pipes
and other works under or over any lands, water courses,
railroads, or public or private wajs, and along any such
way in such manner as not unnecessarily to obstruct the
same ; and for the purpose of constructing, maintaining
and repairing such conduits, pipes and other works, and
for all proper purposes of this act, said fire district may
dig up any such lauds and under the direction of the board
of selectmen of the town in which such ways are situated
may enter upon and dig up any such ways in such man-
ner as to cause the least hindrance to public travel on
such ways.

1884. — Chapter 187. 117

Section 3. The said fire district shall, within sixty to cause to be
days after the taking of any lands, rights of way, water regi's'i'^rv'lf deeds
rights, water sources or easements as aforesaid, otherwise a description of

C5 ' ' land etc

than by purchase, file and cause to be recorded in the taken.
registry of deeds for the registry districts within which
such lands or other property is situated a description
thereof sufiiciently accurate for identification, with a state-
ment of the purpose for which the same were taken,
signed by the water commissioners hereinafter provided
for.

Section 4. Said fire district shall be liable to pay all dlmlgel^"
damages to property sustained by any person or corpora-
tion by the taking of any lands, water or water rights by
said fire district, or by the laying or maintaining of any
aqueducts or other works for the purposes aforesaid. Any
person or corporation sustaining damages as aforesaid,
and unable to agree with the said district upon the amount
of such damages, may have them assessed in the manner
provided by law with respect to land taken for highways.
Any person or corporation whose water rights are thus ^a^" °es'^° ^°'"
taken or affected may apply as aforesaid within three ^emadeuntn
years from the time the water is actually withdrawn or d^venedr "^ ^
diverted, and not thereafter.

Section 5. The said tire district may for the purpose gaitonFire

,- • .1 1 1- 1 i-i- • 1 District Water

ot paying the necessary expenses and liabilities incurred Loan.
under the provisions of this act, issue, from time to time,
bonds, notes or scrip to an amount not exceeding in the
aggregate fifty thousand dollars ; such bonds, notes and
scrip shall bear on their face the words, " Daltou Fire Dis-
trict Water Loan ;" shall be payable at the expiration of pe-
riods not exceeding thirty years from the date of issue ; shall
bear interest payable semi-annually, at a rate not exceed-
ing six per centum per annum, and shall be signed by the
treasurer of the fire district, be countersigned by the
chairman of the prudential committee of said fire district,
and by the chairman of the water commissioners. The Bge'^securi.
said fire district may sell such securities at public or pri- '^®^-
vate sale at not less than par, or pledge the same for
money borrowed for the purposes of this act, upon such
terms and conditions as it may deem proper.

Section 6. The said fire district shall establish a sink- KtaliKd.*"
ing fund and shall annually, after three years from the
passage of this act, contribute to such fund a sum suffi-
cient with the accumulations to pay the principal of said

118

1884. — Chapter 137.

May pay princi-
pal by annual
instalments.

To raise by
taxation BufB-
cient for interest
and current
expenses.

Town upon a
two-thirds vote
may guarantee
payment.

Penalty for wil-
fully corrupting
or diverting
water.

Water commis-
sioners to be
elected.

loan at maturity. The sinking fund shall remain inviolate
and pledged to the payment of said loan and shall be used
for no other purpose : provided, that the said town or fire
district may instead of establishing said sinking fund, pay
the principal of said loan by annual instalments not ex-
ceeding the sum of two thousand dollars in one year.
The said fire district shall assess and collect upon the
estates, real and personal, in said fire district by taxation
a sum which with the income derived from the water rates
will be sufficient to pay the current annual expenses of
operating its water works, and the interest as it accrues
on the notes, scrip or certificates of debt issued as afore-
said by said fire district, and to make such contributions
to the sinking fund, or payments on the principal as may
be required under this act.

Sectiox 7. The town of Dalton may, upon a two-
thirds vote of the legal voters present and voting thereon
at a legal meeting called for the purpose, guarantee the
payment of said notes, scrip or certificates, provided such
meeting is held within one year from the acceptance of
this act by said fire district.

Section 8. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the water taken under this act,
or destroys or injures any dam, conduit, hydrant, machin-
ery or other works or property held, owned or used by
said district under authority of and for the purposes of
this act, shall forfeit and pay to the said district three
times the amount of damage assessed therefor, to be re-
covered in an action of tort ; and on conviction of any of
the acts aforesaid may be punished by a fine of not less
than twenty nor more than three hundred dollars or by
imprisonment in jail not exceeding one year, or by an
infliction of both the above penalties.

Section 9.
for the acceptance of this act, or at any legal meeting
called for this purpose, three persons shall be elected by
ballot to contract for and superintend the construction
and completion of the water works, who shall exercise all
rights, powers and privileges for that purpose herein
granted, subject however to instructions and directions of
the tire district, who shall constitute a board of water
commissioners ; one of said three persons shall be elected for
a term ending on the day of the annual meeting of said fire
district, in April, eighteen hundred and eighty-five ; one

At the meeting of said fire district called

1884. — Chapter 138. 119

for a term one year longer than the first ; and one for a
term two years longer than the first ; after which first elec-
tion one member of said board, as the term of each incum-
bent expires, shall be elected at the annual district meet-
ing to serve for the term of three years. The said com- To be trustees
missioners shall be trustees of the sinking fund herein fund.^ "" '"^
provided for. Said board of commissioners shall have
charge of the water works and may fix the price or rent
for the use of w'ater, and may exercise all the rights,
powers and authority granted to said district by this act
relative to such duties, subject however to such instruc-
tions, rules and regulations as said district may impose
by its vote, and a majority of said board of commissioners
shall constitute a quorum for the transaction of business
relative to the water works and the sinking fund. Any vacancies in

•11 If • • c board.

vacancy occurring in said board ot commissioners trom any
cause may be tilled by said district at any legal district meet-
ing, for the unexpired term.

Section 10. This act shall take effect upon its passage ; No expenditure
but no expenditure shall be made or liability incurred accepted by a
under the same, except for preliminary surveys and esti- o7*tiie dietrlctf
mates, unless this act shall first be accepted by a vote of
two-thirds of the legal voters of said fire district present
and voting thereon at a legal meeting called for that pur-
pose within three years from the passage of this act ; the
number of said meetings called for that purpose in any one
year not to exceed two. Approved April 7, 1884.

An Act to incorporate the new England assurance associa- (7Aa^.l38

TION.

Be it enacted, etc., asfolloios:

Section 1. Julius L. Clarke, Stillman B. Allen, Josiah corporators.
S. Robinson, Eben D. Jordan, Charles Marsh, Moody
Merrill, Albert Bowker, Nathaniel J. Bradlee, John
Spaulding, James M. Burgess, Emery O. Bicknell,
Stephen H. Rhodes, Joel Goldthwait, and Frederick
Pope, their associates and successors, are made a corpora-
tion by the name of the New England Assurance Associa- Name.
tion, for the purposes hereinafter set forth ; said corpora-
tion to have its principal place of business in the city of
Boston, and to be subject to the provisions of all general
laws which now are or hereafter may be in force applicable
thereto.

120

1884 — Chapter 138.

Capital stock
and eharee.

May insure
plate glass.

Board of
directors.

Each stock-
holder entitled
to one vote in
person or by
proxy.

Books open^to
Inspection of i
tax and insur-
ance cummis-
Bioners.

Trarisfer of
stock.

May adopt a
corporate seal.

Section 2. The capital stock ot said corporation shall
be not less than fifty thousand dollars of the par value of
one hundred dollars per share, and may be increased to
three hundred thousand dollars, or to any intermediate
amount by a vote of the stockholders at a meeting legally
called for that purpose, the same to be invested in accord-
ance with the provisions of section fifty-five of chapter one
hundred and nineteen of the Public Statutes.

Section 3. The said corporation is hereby authorized
and empowered to insure plate glass against loss or dam-
age by breakage or injury, local or in transit.

Section 4. The board of directors of said corporation,
each of whom shall hold in his own right not less than
five hundred dollars par value of its capital stock, shall be
classified into three divisions, the official term of the first
to be limited to one year ; the second to two years ; and
the third to three years ; but each retiring member shall
be eligible for re-election, if otherwise qualified therefor.

Section 5. At every annual election of directors,
each stockholder, except so far as prohibited by law, shall
be entitled to one vote in person or by proxy on each
share of stock owned or held by him in his own right for
not less than thirty days immediately preceding such
election.

Section 6. The books and investments of said corpora-
tion shall be open to the inspection of the insurance com-
missioner and of the tax commissioner of the Common-
wealth ; also to the inspection of the directors and stock-
holders subject to such rules as their by-laws may pre-
scribe. No transfer of stock shall be valid unless made
on waid books and assigned by the shareholder, or hy his
attorney duly authorized in writing ; and every shareholder
shall be entitled to a certificate of his or her shares of the
capital stock of said corporation.

Section 7. The board of directors shall have power
to devise and adopt a corporate seal for said corporation ;
and to exercise all the authority necessary and proper in
carrying out its legitimate purpose and object, which may
be consistent with this charter and with the laws of the
Commonwealth.

Section 8. This act shall take effect upon its passage.

Approved April 10, 1884.

1884. — Chapters 139, 140, 141. 121

An Act to authorize the town of norton to receive and (7Aax).139

HOLD CERTAIN PROrEKTY IN TRUST.

Be it enacted, etc., as folloivs :

Section one of chapter two hundred and forty-six of the Town may re-

„, .*, , ,, I'lii ' ceive property

acts of the year eighteen hundred and eighty-three, is from cyms
hereby amended so as to read as follows : — The town of thesamr'iu °
Norton is hereby authorized to receive from Cyrus Hicks '^'■"*'-
of Boston the sum of four thousand dollars, the same to
be forever held in trust for the following purposes, to
wit : — one half of the income of said fund shall be appro-
priated by said town towards defraying its ordinary ex-
penses ; and the other half of said income shall be appro-
priated for the purposes set forth in the declaration of
trust, dated June thirtieth, eighteen hundred and eighty-
three, signed by said Cyrus Hicks, and recorded with the
town clerk of said town of Norton.

Approved April 10, 1884.

An Act to provide for the attendance of an officer at Ch(Xp.\4Q

THE SESSIONS OF THE PROBATE COURT AND THE COURT OF IN-
SOLVENCY IN THE COUNTY OF SUFFOLK.

Be it enacted, etc., asfolloics:

Section 1. The judge of probate and insolvency for constable to be
the county of Suffolk shall appoint a constable of the city j mi ge to attend
of Boston to attend upon the sessions of the probate court coiTrt!"^"
and the court of insolvency for said county and to serve
such orders, precepts and processes issuing therefrom,
or from the judge thereof, as may be committed to him ;
and said ofdcer shall receive from the treasury of said ^^^^^y-
county a salary of twelve hundred dollars per annum to be
paid in monthly instalments.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.

An Act relating to sessions of probate courts which occur (JJiap.\4:l

ON LEGAL HOLIDAYS OR ON THE DAY OF THE NATIONAL OR STATE
ELECTION.

Be it eriacted, etc., as follows :

Section 1. Whenever a regular term of any probate when term

111.1 1 T /> occurs on holi-

court shall occur on a legal holiday or on the. day ot any day, orstateor
national or state election said probate court shall be held day,"court ^ be
on the next secular day thereafter ; and all notices, cita- B^cuia^day.'
tions, orders and other papers which are made returnable

122 1884. — Chapters 142, 143, 144.

to said regular term shall be held and deemed returnable
to said next secular day, and the proceedings thereon shall
be held and deemed to be of the same force and validity
as if said notices, citations, orders and other papers had
been made returnable to said next secular day.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1834.

Chap. 142 An Act to authorize the town of Manchester to lay out a

TOWN WAY AND BUILD A BRIDGE ACROSS A TIDE WATER CREEK
IN SAID TOWN.

Be it enacted, etc., as follows:
Townmay build SECTION 1. The towii of Manchester subiect to the
tidewater pi'ovisious of chapter nineteen of the Public Statutes is
hereby authorized to lay out a town way and to build and
maintain a bridge without a draw therein, from the north-
eastern point of land known as Little Crow Island, at
Black Beach, so called, in said town, across a tide water
creek to a point opposite or nearly opposite on the east-
erly side of said creek.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.

(7/^tt/?.143 An Act TO CONFIRM the PROCEEDINGS OF CERTAIN TOWN MEET-
INGS OF THE TOWN OF WALTHAM.

Be it enacted, etc., as folloios :
Proceedings at SECTION 1. The proceediuojs of the town meetings of

town ni66tintf8 A o c

ratified. the town of Waltham, held between the third day of June

in the year eighteen hundred and seventy-two and the
sixth day of November in the year eighteen hundred and
eighty-three, shall not be invalid by reason of failure to
notify and hold said meetings in accordance with the by-
laws of said town.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.

Ch(ip.l4:4: An Act relating to the episcopal parish in marblehead.

Be it enacted, etc., as folloios :
Communicants Section 1. The communicauts of the Eplscopal Parish
originally ^ in Marblchead, and those persons who shall hereafter
prieto''rs.^'* ^'°' bccomc commuiiicants thereof, shall have all the powers
1799,28. granted to the proprietors of appropriated pews by chap-

ter twenty-eight of the acts of the year seventeen hundred

1884. — Chapters 145, 146. 125

and ninety-nine, incorporating said parish, and shall be
subject to all the liabilities imposed upon said proprietors
by said act.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.

An Act to amend an act relating to supplying the city of (J]iaj) I45

WORCESTER WITH PURE WATER.

Be it enacted, etc., as follows:

Section 1. The third section of chapter two hundred ^g^'"!,''.^^""
and sixty-eight of the acts of the year eighteen hundred
and eighty-one is hereby amended by striking out all after
the word " dollars," and substituting in place thereof the
following: " subject to the provisions of chapter twenty-
nine of the Public Statutes."

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.

An Act making appropriations for expenses authorized the Ol^rij) 146

PRESENT YEAR. ^ *

jBe it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes spec-
ified in certain acts and resolves of the present year, to
wit : —

For the Massachusetts charitable eye and ear infirmary. Eye and ear
ten thousand dollars, as authorized by chapter four of the '"'''■'"'"■>'•
resolves of the present year.

For Rufus R. Wade, five hundred and forty-eight dol- RufusR.wade.
lars, as authorized by chapter five of the resolves of the
present year.

For the Fitchburg cooperative bank, eighty-three dol- Fit<ii burg coop-
lars and fifty cents, as authorized by chapter seven of the """^'^ '''■*"'^-
resolves of the present year.

For George White, seven hundred and fifty dollars, as George white.
authorized by chapter eight of the resolves of the present
year.

For building coal sheds at the state prison at Concord, state prison at
six thousand dollars, as authorized by chapter ten of the
resolves of the present year.

For the trustees of the Massachusetts soldiers' home, in soidiirs' hom©
Chelsea, fifteen thousand dollars, as authorized by chapter letu.''^'''''''"'
seventeen of the resolves of the present year.

124

1884. — Chapter 147.

bureau c'r*^ '° FoF the Salary of the second clerk in the bureau of
BtatisucBof statistics of labor, one thousand three hundred dollars, as
authorized by chapter four of the acts of the present year.
Executive clerk. p^j. ^j^g salary of the executive clerk, three hundred dol-
lars, as authorized by chapter eight of the acts of the pres-
ent year, the same to be iu addition to the amount hereto-
fore appropriated.

For extra clerical assistance in the department of the
secretary of the Commonwealth, one thousand dollars, as
authorized by chapter fifteen of the acts of the present
year, the same to be in addition to the amount heretofore
appropriated.

For the salary of the messenger to the governor and
council, one hundred dollars, as authorized by chapter
thirty-eight of the acts of the present year, the same to be
in addition to the amount heretofore appropriated.

For extra clerical assistance in the office of the secretary
of, and for lectures before, the board of agriculture, four
hundred dollars, as authorized by chapter sixty-six of the
acts of the present year, the same to be in addition to the
amount heretofore appropriated.

For Hiram P. Harriman, five hundred and twenty dol-
lars, as authorized by chapter eighteen of the resolves of
the present year.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1884.
Chap.\4:7 An Act pkovidixg for the removal of the remains of the

DEAD FROM THE ADAMS STREET CEMETERY IN ABINGTON.

Be it enacted, etc., as follows:

Section 1. The town of Abington is hereby author-
ized under the direction of its selectmen and board of
health to remove the remains of the dead and the monu-
ments erected to their memory from the old burial ground
on Adams Street near Birch Street in said town, now
owned by Joseph Cleverly : provided, however, that the
selectmen of said town shall first give thirty days' notice
in a newspaper published in said town that said removal
is intended ; and provided, further, that the owners of
said land shall first waive in writing all claim for damage
resulting to said land from such removal. Said remains
so removed shall be interred in Mount Vernon Cemetery
in said town and said monuments or other suitable mon-
ument or monuments erected in said cemetery ; if how-

Clerical
assistance In
office of secre-
tary of the Com-
monwealth.

Messenger to
governor and
council.

Board of agri-
culture, clerical
assistance and
lectures.

Hiram P._Harri-
man.

May remove
remains of
dead, etc.,
from old burial
ground.

Notice to be
published.

Claims for dam.
ages to be
waived.

Remains to be
removed to
Mount Vernon
Cemetery.

1884. — Chapters 148, 149. 125

ever the relatives or friends of those whose remains are so
removed shall so request in writing, said remains shall be
interred and said monuments erected in any authorized
cemetery in this Commonwealth, said relatives or friends
first paying the expense of the removal and interment.

Section 2. Said town is hereby authorized to purchase May purchase
and take conveyances of such lot or lots in said Mount '"''^'
Vernon Cemetery as may be necessary for carrying out
the purposes of this act.

Section 3. Said town is hereby authorized at any May raise
legal town meeting called for that purpose to raise by taxu- "axation/
tion and appropriate for the purposes of this act a sum not
exceeding tive hundred dollars.

Section 4. This act shall take effect upon its passage.

Approved April 11, 1884.

An Act to incorporate the Greenfield rural club. (7/iff?9.148

Be it enacted, etc., as follows :

Section 1. Anson K. Warner, James S. Grinnell, Greenfield
C. Mason Moody, their associates and successors, are incorporated.
hereby made a corporation by the name of the Greenfield
Rural Club, for the purpose of beautifying and ornament-
ing the public streets, highways, squares and parks, and
of acquiring land for and laying out and improving new
parks for the use of the public, in the town of Green-
field ; and said corporation shall have all the powers and Powers and
be subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or hereafter may
be in force applicable to such corporations.

Section 2. Said corporation shall have authority to May receive
receive, take, hold and invest any gifts, grants, donations <^°"'"'°"*-
or bequests for the uses and purposes of its organization,
and for these uses and purposes may hold real and personal Estate of

,,,, ^. e 4. i.- i^ .. $60,000 ex-

estate, to be exempt trom taxation, to an amount not ex- emptedfrom
ceeding fifty thou.sand dollars. '=*'^='''°"'

Section 3. This act shall take effect upon its passage.

Approved April 11, 1884.

An Act to increase the number of the trustees of the state

lunatic hospitals.
Be it enacted, etc., as follows :

Section 1. The boards of trustees of each of the state Trustees to
lunatic hospitals established by section four of chapter men alid^two*
eighty-seven of the Public Statutes shall consist of seven '^°™^"-

Chap.liQ

126

1884. — Chapters 150,

151, 152.

To take effect
July 1, 1884.

Special meet-
ings may be
held.

Notice to bo
given of all
meetingB.

persons, five of whom shall be men and two of whom shall
be women. So much of said section four as is incon-
sistent with this act is hereby repealed.

Section 2. This act shall take effect on the first day
of July eighteen hundred and eighty -four.

Approved April 11, 1884.

Chat) A 50 ^^ ^^"^ CONCERNING MEETINGS OF SAVINGS BANKS AND INSTITUTIONS

FOR SAVINGS.

Be it enacted, etc., asfoUoics:

Section 1. Section sixteen of chapter one hundred
and sixteen of the Public Statutes is amended so as to read
as follows : — every such corporation may at any time
hold special meetings by order of its trustees ; and its
treasurer shall also notify special meetings upon the requi-
sition in writing of any ten members of the corporation.
Notice of all meetings shall be given by public advertise-
ment in some newspaper in the county where the corpora-
tion is established and by seasonably mailing to every
member a written or printed notice of such meeting.

Section 2. This act shall take effect upon its passage.

Approved April 11, 1884.

ChClvA5^ ^^ ^^^ ^^ AUTHORIZE AVELLESLEY COLLEGE TO HOLD ADDITIONAL

REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

Section 1. Wellesley College is hereby authorized to
hold real and personal estate, in the manner and for the
purposes set forth in its charter, to an amount not exceed-
ing five million dollars : provided, that no lauds in the
town of Wellesley owned or occupied by said college for
the purposes set forth in its charter shall be exempt from
taxation, except lands now so owned and occupied by said
college and the " Webber estate" when said " Webber es-
tate " shall come into its possession, but the " Gray estate "
shall not be exempt.

Section 2. This act shall take effect upon its passage.

Approved April 11, 1884.

C'^a».152 -^ •^^'^ RELATING TO THE RELEASE OF PRISONERS UPON PROBATION.

Be it enacted, etc., as follows:

Permit of Section 1. If the holdcr of a permit to be at liberty,

fiberty7to°be- granted uudcr the provisions of section sixty-eight of chap-

Estate not to
exceed $5,000,-
000.

Proviso.

1884. — Chapter 152. 127

ter two hundred and twenty, or of section fifty-two of ^°JJ^j^;J°jj'^'^|!g
chapter two hundred and twenty-one, or of section twenty violated.
of chapter two hundred and twenty-two of the Public
Statutes, shall violate any of the terms or conditions of
said permit, or any law of this Commonwealth, such vio-
lation shall of itself make void said permit.

Section 2. When any permit granted as aforesaid, '^^y}^^.^-

iTiiiii'i !• 1 manded if per-

has been revoked by the board which granted it, or has mit has been

, . ^ i-'i'ii !• 1 revoked or lias

become void, as aioresaid, said board may issue an order become void.
authorizing the arrest of the holder of said permit, and
his return to the place of confinement from which he was
released thereunder. Said order of arrest may be served
by any officer authorized to serve civil or criminal process
in any county in this Commonwealth. The holder of said
permit, when returned to the place of confinement from
which he was released under said permit, shall be detained
therein according to the terms of his original sentence ;
and in computing the period of his confinement, the time
between his release upon said permit and his return to
said place of confinement, shall not be taken to be any
part of the term of the sentence.

Section 3. Warrants issued before the passage of this service of war.
act, under the provisions of section twenty-one of chapter before passage
two hundred and twenty-two of the Public Statutes, which °^ *'*'*<='•
have not been served, may be served at any time hereafter,
and if the person for whom said warrant has been issued
is held in any prison, he may upon said warrant be brought
before the court by which it was issued, and ma}' be re-
manded by said court, as provided in said section, and the
order of remand issued by said court shall take effect when
said person is discharged from said prison.

Section 4. No person ^hall hereafter be released, Provisions of

• . T* fl 220 5 6S

under the provisions of section sixtj'-six of chapter two to apply to per-
huudred and twenty of the Public Statutes, except in ac- unTerp:T22o,
cordance with the provisions of section sixty-eight of said ^ '^^•
chapter, and all the provisions of law relating to persons
released under said section sixty-eight shall apply to
persons released under said section sixty-six.

Section 5. All acts and parts of acts inconsistent iiepeai.
herewith are hereby repealed.

Section 6. This act shall take effect upon its passage.

Approved April 14^ 1884.

128

1884. — Chapters 153, 154.

Chap.liBS ^^ ^^^ "^^ AUTHORIZE THE BOSTON AND LOWELL RAILROAD CORPO-
RATION TO UNITE AND CONSOLIDATE WITH CERTAIN RAILROADS
NOW LEASED OR OPERATED BY IT, AND TO PURCHASE THE PROPERTY,
RIGHTS AND FRANCHISES OF SAID RAILROADS, AND INCREASE ITS
CAPITAL STOCK THEREFOR.

Boston and
Lowell Railroad
Corporation
may unite with
certain other
railroad cor-
porations.

May increase
capital stock.

Be it enacted, etc., as follows:

Section 1. The Boston and Lowell Railroad Corpora-
tion is hereby authorized to unite and consolidate with any
or all of the following named railroad corporations now
leased or operated by it, viz. : The Nashua and Lowell
Railroad Corporation, the Stony Brook Railroad Company,
the Wilton Railroad Company, the Peterborough Railroad
and the Manchester and Keene Railroad ; and when thus
united said corporations shall constitute one corporation
under the name of the Boston and Lowell Railroad Com-
pany ; and all the provisions of the acts of incorporation
of the corporations so uniting and becoming one corpora-
tion not inconsistent with this act, and all their rights,
duties and liabilities shall belong to and be borne by the
corporation created by such union ; but said united corpo-
ration shall be subject to all general laws now or hereafter
passed relating to railroad corporations, and to the pro-
visions of section three of chapter one hundred and five of
the Public Statutes. And said Boston and Lowell Rail-
road Corporation is further authorized to purchase and
hold the stock, bonds, property and franchises of any and
all of said railroad corporations leased or operated as
aforesaid, but such union or purchase shall be only upon
such terms and conditions as shall be approved by the
stockholders at meetings duly called for that purpose.

Section 2. The Boston and Lowell Railroad Corpora-
tion may increase its capital stock so far as may be necessary
to carry into effect the provisions of this act, subject to
the general laws of the Commonwealth applicable to such
increase.

Section 3. This act shall take effect upon its passage.

Approved April 15, 1884.

(Jh(lV'\54: ^^ -^^^ ^^ PREVENT THE POLLUTION OF SOURCES OF WATER

SUPPLY.

Be it enacted, etc., as follows:
Injunction Section 1. The suprcmc judicial or superior court,

^^p^olisTons 0° in term time or vacation, upon the application of the

p. S. 80, § 96.

1884. — Chapters 155, 156, 157. 129

mayor of a city or the selectmen of a town interested, may
grant an injunction against any violation of the provisions
of section ninety-six of chapter eighty of the Public Stat-
utes.

Section 2. Sections ninety-eio;ht, ninety-nine and one Repeal of p. s.

80 §6 98 100

hundred of chapter eighty of the Public Statutes are
hereby repealed.
Section 3. This act shall take effect upon its passage.

Apjyroved April 16, 1884.

An Act relating to the establishment of union county (j/ianA55

TRUANT SCHOOLS.

Be it enacted, etc., as folloivs :

Section 1. Three or more cities or towns in each of [J°'^°JJ^^°^^*y
two, three or four contiguous counties may require the
county commissioners of such counties to establish union
truant schools as provided by section fourteen of chapter
forty-eight of the Public Statutes.

Section 2. So much of said section fourteen as relates Repeal.
to the case of Norfolk, Bristol, Barnstable and Plymouth
counties is hereby repealed. Approved April 16, 1884.

An Act to dissolve the farm pond fishing company in edgar- Ohcip.^5Q

TOWN.

Be it enacted, etc., as folloivs:

Section 1. The Farm Pond Fishing Company in corporation
Edgartown, incorporated by chapter two hundred and isse^m."
eleven of the acts of the year eighteen hundred fifty-six,
is hereby dissolved.

Section 2. This act shall take effect upon its passage.

Approved April 16, 1884.

An Act to discontinue a part of the location of the QJiap.l^l

NORWICH AND WORCESTER RAILROAD IN THE CITY OF WORCES-
TER.

Be it enacted, etc., as follows:

Section 1. The Norwich and Worcester Railroad ^^o^^*!"";;,*"^^^
Company may within two years, and if not done in two
years shall within four years from the passage of this act,
discontinue the present location of its railroad between
the south line of Park street and the south line of Madison
street in the city of Worcester ; and upon its discontinuance
all tracks across Myrtle, Southbridge and Madison streets,
on said location so discontinued, shall be forthwith

discontinued.

130

1884. — Chapter 157.

Norwich and
Worcester
Eailroad may
take land for
station pur-
poses, yard
room, etc.

Locations to be
filed within
four years.

May sell certain
land.

Liability for
damages.

May issue
bonds, and
secure by
mortgage.

removed therefrom unless allowed to remain temporarily
by the mayor and aldermen of said city.

Section 2. The Norwich and Worcester Railroad
Company may, at any time within four years from
the passage of this act, take and hold by purchase or
otherwise so much of the land lying southerly of Madison
street in the city of Worcester, or south-easterly of the
location of the Boston and Albany Railroad Company in
said Worcester, as it may deem necessary or suitable for
station purposes, and for tracks and yard room to be used
in connection therewith, and may discontinue any part of
its location the use of which is not necessary on account
of a chanoje in the location of its freight station.

Section 3. The said railroad company shall file with
the county commissioners of the county of Worcester, the
locations of all land so taken by them, within four years
after the passage of this act.

Section 4. The said railroad company may sell and
convey all their right, title and interest in and to any land
owned or occupied by them between the south side of
Park street and the south side of Madison street in the
city of Worcester, and in all other land which they may
deem it unnecessary to occupy by reason of the discontin-
uance of any part of the location of said road.

Section 5. In the exercise of the powers granted by
this act the said railroad company, and any person or cor-
poration sustaining damage, shall have all the rights,
privileges and remedies, and be subject to all the duties,
liabilities and restrictions which are or may be provided
by the general laws in like cases, except as herein other-
wise provided.

Section 6. To provide for the expenditures authorized
or required of the Norwich and Worcester Railroad Com-
pany by this act, the said company may issue a sufficient
amount of its bonds to produce the required amount, in-
cluding the proceeds of the land sold by them under the
fourth section of this act, said bonds bearing a rate of
interest not exceeding six per cent, per annum, and pay-
able at a period not exceeding twenty years, and the said
railroad company may if it deems it expedient secure the
same by a mortgage of the whole or any part of said rail-
road. Approved April 16, 1884.

1884. — Chapters 158, 159. 131

An Act in relation to the sale of intoxicating liquors. Chap.158
Be it enacted, etc., as follows:

The fourth clause of section nine of chapter one hundred Liquor not to
of the Public Statutes is hereby amended so as to read as son supported
follows : — Fourth, That no sale or delivery of liquor shall chan'ty.^'^
be made on the premises described in the license to a
person known to be a drunkard, to an intoxicated person,
or to a person who is known to have been intoxicated within
the six months n€xt preceding, or to a minor, either for his
own use, the use of his parent, or of any other person, or
to a person known to have been supported in whole or in
part by public charity at any time during the twelve
months next preceding the date of the license.

Approved April 16, 1884.

An Act authorizing the newburyport and amesburt horse nj^ffrY) 1^)9

RAILROAD company TO ISSUE MORTGAGE BONDS. "'

Be it enacted, etc., as follows:

Section 1. The Newburyport and Amesbury Horse May issue bonds
Railroad Company, for the purpose of extinguishing its floaMngd"ebt
floating debt, may, at a meeting called for the purpose,
by the vote of a majority in interest of its outstanding
stock, issue coupon or registered bonds, drawing interest
at a rate not exceeding six per cent, per annum, to an
amount not exceeding thirty thousand dollars, for a term
not exceeding twenty years from the date thereof ; and to May mortgage
secure the payment of said bonds and the interest thereon propm^y.''"'^
may make a mortgage of its road and franchise and any
part or all of its real and personal property, and may in-
clude in such mortgage property hereafter to be acquired ;
said company may in such mortgage reserve to its directors May reserve
the right to sell or otherwise dispose of, in due course of "ertlili^mon-
business, property included in such mortgage which may ff^lquiva'ientia
become worn, damaged or otherwise unsuitable to be used substituted.
in the operation of its road : provided, that an equivalent
in value be substituted in lieu thereof.

Section 2. All bonds, as herein before provided, shall Bonds to be
be issued at not less than par, and shall first be approved less than par,
by some person appointed by the corporation for that pur- fled that^hly''
pose, who shall certify upon every such bond that it is f^guedTu"'^
properly issued and recorded, and all proceeds accruing recorded.
from the sale of such bonds shall first be applied to the

132

1884. — Chaptees 160, 161.

City of Taunton
may increase
its water loan.

payment of any and all debts contracted previous to the
first day of July, eighteen hundred and eighty-three.
Section 3. This act shall take effect upon its passage.

Approved April 16, 1884.

ChanJlQO -^^ ■'^CT to authorize the city of TAUNTON TO INCREASE ITS

WATER LOAN.

Be it enacted, etc., asfolloivs:

Section 1. The city of Taunton, for the purposes
mentioned in chapter two hundred and seventeen of the
acts of the year eighteen hundred and seventy-five, and
chapter seventy-four of the acts of the year eighteen hun-
dred and eighty, may issue notes, scrip, bonds or certifi-
cates of debt to be denominated on the face thereof
"Taunton Water Loan," to an amount not exceeding
one hundred thousand dollars, in addition to the amounts
which said city is now authorized to issue, payable at
periods not exceeding thirty years from the date of issue
and, except as herein otherwise provided, to be issued on
the same terms and conditions and with the same powers
as are provided in said chapter two hundred and seven-
teen for the issue of bonds of said city : provided, that
the whole amount of such water scrip, notes, bonds or
certificates of debt issued by said city for the purposes of
said water loan hereunder and under said chapter two
hundred and seventeen and the acts in addition thereto,
shall not in any event exceed the amount of five hundred
and tifty thousand dollars.

Section 2. This act shall take efiect upon its passage,
but shall become void unless accepted by vote of the city
council of the city of Taunton.

Approved April 16, 1884.

Whole amount
not to exceed
$550,000.

n}iar).\Q>\ ^'^ -^^'^ ^^ ESTABLISH A STANDARD MEASURE FOR CRANBERRIES.

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter sixty of the
Public Statutes is amended to read as follows : — The
legal and standard measure of a barrel of cranberries
shall be one hundred quarts and of a crate of cranberries
thirty-two quarts, level measure, and every manufacturer
of barrels or crates for cranberries shall brand or mark
plainly his name and the words " Massachusetts standard
measure," upon all such barrels or crates.

standard
measure for
cranberries.

Barrels to be
branded.

1884. — Chapters 162, 363, 164. 133

Section 2. Whoever brands or marks upon any bar- Penalty.
rel or crate for cranberries of a less capacity than the
above, the words " Massachusetts standard measure,"
shall forfeit for every such oflFence the sum of two dollars,
to be recovered in an action of tort to the use of the per-
son bringing the action. Approved April 16, 1884.

An Act relative to the disposition of residues from sales (7^a7).162

OF REAL estate FOR UNPAID TAXES.

Be it enacted., etc. , as folloius :

Section 1. When real estate is sold by the collector Residue from

t> , n •. i -Til i.* sale to be de-

er taxes or any city or town, as provided by section posited in

thirty-five of chapter twelve of the Public Statntes, it jj'e'palfiV'^*"

shall be the duty of such collector, after satisfying the ^^jJJand?""

taxes and charges, to deposit the balance, if any, in the

treasury of such city or town ; and such city or town

shall pay such balance to the owner of the estate upon

demand.

Section 2. So much of said section thirty-five of Repeal.
chapter twelve of the Public Statutes as is inconsistent
■with this act is hereby repealed.

Section 3. This act shall take efi'ect upon its passage.

Approved April 16, 1884.

CJiapim

An Act to authorize towns or cities to compensate inspect-
ors OF VINEGAR.

Be it enacted, etc., asfolloivs:

Section 1. Cities or towns which have at any time inspectors of
appointed inspectors under the provisions of chapter one compensated. ^
hundred and thirteen of the acts of the year eighteen hun-
dred and eighty are hereby authorized to compensate
them for such services as they may have rendered.

Section 2. This act shall take effect upon its passage.

Approved April 16, 1884.

Cha2).164t

An Act authorizing the eastern railroad company to ex-
tend ITS road in the town OF ESSEX.

Be it enacted, etc., asfolloivs:

Section 1. The Eastern Railroad Company is hereby May extend
authorized to extend its road from its present terminus in
the town of Essex to a point at or near the shoe factory
on the south side of the Essex River.

134

1884. — Chapter 165.

May take land,
and build
bridge across
Mill Creek.

Manner of con-
struction, etc.,
subject to ap-
proval by har-
bor and land
commissioners.

Subject to
general laws.

Section 2. The Eastern Railroad Company shall
have all the powers requisite to take land for, lay out,
build, maintain and operate the extension of its road
contemplated in the first section of this act. Said com-
pany for the purposes aforesaid may build and maintain
a bridge across Mill Creek without a draw unless re-
quired by the harbor and land commissioners ; said
bridge to have a free passage way beneath it sixteen feet
in width and four feet in height above the level of the
marsh. This section, so far as it relates to the location
of said bridge, the draw in it, the width and height of the
passage way beneath it and manner of constructing it,
shall be subject to amendment and approval by the
harbor and land commissioners.

Section 3. Said railroad company, so far as relates to
said extension, shall be subject to all general laws now in
force, or that may be hereafter enacted, which are appli-
cable to said extension.

Section 4. This act shall take effect upon its passage.

Approved April 19, 1884.

Ch(ip,\Q5 ^^ -^^^ "^^ AUTHORIZE THE TOWN OF "WALTHAM TO ISSUE ADDI-
TIONAL WATER BONDS.

Be it enacted, etc., as follmos:
TownofWai- Section 1. The town of Waltham, for the purposes

tbam may issue , ,. , , , ttt.i-, e

additional water mentioned HI Chapter three hundred and thirty-seven or
the acts of the year eighteen hundred and seventy-two, by
a vote of two-thirds of the legal voters present and voting
thereon at a legal meeting, may issue from time to time
bonds, notes, scrip or certificates of debt to be denom-
inated on the face thereof " Waltham Water Bonds," to
an amount not exceeding one hundred thousand dollars in
addition to the amounts heretofore authorized by law to
be issued by said town for the same purposes. Said
bonds, notes, scrip or certificates of debt to be issued with
or without coupons upon the same terms and conditions
and with the same powers as are provided in said chapter
three hundred and thirty-seven for the issue of the
" Waltham Water Bonds " by said town: provided, that
the whole amount of such bonds, notes, scrip or certifi-
cates of debt issued by said town together with those
heretofore issued and outstanding for the same purposes
shall not at any time exceed the amount of four hundred
and fifty thousand dollars.

bonds.

Whole amount
not to exceed
$450,000.

1884. — Chapters 166, 167. 135

Section 2. This act shall take effect upon its passage.

Approved April 19, 1884.

An Act relating to the printin& and distribution of the (Jfiart.XQQ

LAWS AND PUBLIC DOCUMENTS.

Be it enacted, etc., as follows:

Section 1. Fire thousand and five hundred copies of ^^""^erof

* copies of " Blue

the volume of the acts and resolves of the Commonwealth, Book."
provided for in section one of chapter four of the Public
Statutes, shall be printed annually.

Section 2. There shall be printed annually, on or Number of
before the assembling of the general court, or as soon ^n'repons''
thereafter as possible, the number of copies of documents
and reports herein specified : — Report of registration of
births, marriages and deaths, two thousand copies. Re-
port of librarian of state library, fifteen hundred copies.
Reports of trustees of the lunatic hospitals at Northampton,
Taunton, Worcester, Danvers, the state workhouse at
Bridgewater, and of the state almshouse, fifteen hundred
copies each.

Section 3. So much of chapter four of the Public Repeal.
Statutes as is inconsistent herewith is hereby repealed.

Section 4. This act shall take effect upon its passage.

Aj)proved April 19, 1884.

An Act to incorporate the orange water works. Chctp.lGI

Be it enacted, etc., as follows. •

Section 1. William L. Grout, Abijah French, John orange water
W. Wheeler, Allen Schenck, Solon L. Wiley, their asso- J^^atd!''"""'
ciates and successors, are made a corporation by the name
of the Orange Water Works, for the purpose of furnish-
ing the inhabitants of Orange with water for the extin-
guishment of fires and for domestic and other purposes,
with all the powers and privileges and subject to all the
duties, restrictions and liabilities set forth in all general
laws which now are or hereafter may be in force applicable
to such corporations.

Section 2. Said corporation for the purpose aforesaid May take
may take, hold and convey into and through the towns of water rights.
Warwick and Orange or any parts thereof the water so
far as may be necessary for the purpose of Long Pond in
Warwick or North Pond in Orange, so called, within said
towns, and the waters which flow into and from the same

136

1884. — Chapter 167.

May "dig up
land and lay
down water
pipes.

To have re-
corded in regis-
try of deeds a
description of
the land, etc.,|
taken.

Liability for
damages.

together with any water rights connected therewith ; and
may take and hold by purchase or otherwise any water
rights, rights of way or easements connected therewith
and any real estate necessary for the preservation and
purity of such waters, or for forming any dams or reser-
voirs to hold the same, or for laying or maintaining aque-
ducts and pipes for distributing the waters so taken and
held ; and may lay its water pipes through any private
lands with the right to enter upon the same and dig there-
in for the purpose of making all necessary repairs or
service connections ; and for any of the purposes aforesaid
may carry its pipes under or over any water course,
street, railroad, highway or other way, in such manner as
not unnecessarily to obstruct the same ; and may, under
direction of the selectmen or road commissioners, enter
upon and dig up any road or other way for the purpose
of laying or repairing its aqueducts, pipes or other works,
and in general may do any other acts and things conven-
ient and proper for carrying out the purposes of this act.

Section 3. Said corporation shall within sixty days
after taking any lands, rights of way, water rights, water-
sources or easements under the provisions of this act
otherwise than by purchase, file and cause to be recorded
in the registry of deeds for the county of Franklin a de-
scription thereof sufficiently accurate for identification,
with a statement of the purposes for which they are so
taken, and the title of the lands and water rights so taken
shall vest in said corporation.

Section 4. The said corporation shall pay all damages
sustained by any person in property by the taking of any
land, right of way, water, water-source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person injured in
property by any of the acts of said corporation under this
act, and failing to agree with said corporation as to the
amount of damages, may have the same assessed and
determined in the manner provided when land is taken for
highways ; but no application shall be made to the county
commissioners for the assessment of damages for the
taking of water rights until the water is actually taken and
diverted by said corporation. Any jierson whose lands,
rights of way, water rights, water-sources or easements
are thus taken or afiected may apply as aforesaid within
three years from the time the water is actually taken or

1884. — Chapter 167. 137

diverted, but not thereafter ; and no suit for injury done
under this act shall be brought after three years from the
date of the receipt of the alleged injury.

Section 5. Said corporation may distribnte the water May dutribute
through said town of Orange ; may establish and fix from M^dwuect
time to time the rates for the use of said water, and col- '"^''^*'
lect the same ; and may make such contracts with said
town, or any fire district that may hereafter be established
therein, or with any individual or corporation, to supply
water for the extinguishing of fires or for other purposes
as may be agreed upon by said town or such fire district,
individual or corporation, and said corporation.

Section 6. Said corporation may hold real estate for Reai estate and
the purposes set forth in this act to an amount not exceed- '^^'^^ « soc .
ing fifty thousand dollars, and the whole capital stock of
said corporation shall not exceed one hundred thousand
dollars, to be divided into shares of one hundred dollars
each. Said corporation may at any time issue bonds and May issue bonds

I •' • /■ I • T I '^^'^ secure by

secure the same by a mortgage on its franchise and other mortgage.
property, to an amount equal to the capital stock actually
paid in and expended under this act.

Section 7. Whoever wilfully or wantonly corrupts, Penalty for cor-
pollutes or diverts any of the waters taken or held under diverting water.
this act, or injures any dam, aqueduct, pipe, conduit, ma-
chinery or other works or property held, owned or used
by said corporation under the authority of and for the
purposes of this act, shall forfeit and pay to the said cor-
poration three times the amount of damages assessed
therefor to be recovered in an action of tort ; and on con-
viction of either of the above wilful or wanton acts shall
be punished by a fine not exceeding three hundred dollars,
or by imprisonment not exceeding one year.

Section 8. Said corporation may purchase from other May purchase

^ , , . '■ , . aqueducts,

owner or owners any aqueducts, pipes, machinery, reser- pipes and
voir, pumping station, and other works, property, estate "*'='^'"^'y-
and privileges in said town of Orange now owned or in
process of construction by other parties, and by such pur-
chase shall become entitled to all rights and privileges and
subject to all the liabilities and duties appertaining and
belonging to said other parties.

Section 9. The town of Orange shall have the right Town of Orange
at any time after the passage of this act to purchase the franchise and
corporate proj)erty and all the rights and privileges of p''°p®"^'
said Orange Water Works, at a price which may be

138

1884. — Chapter 1G8.

Subject to
assent by a two-
thirds vote.

Security for
damages may
be required.

mutually agreed upon between said corporation and said
town ; and the said corporation is authorized to make sale of
the same to said town. In case said corporation and said
town are unable to agree, then the price to be paid shall
be determined by three commissioners, to be appointed by
the supreme judicial court upon application of either part}""
and notice to the other, whose award when accepted by
said court shall be binding upon both parties. This au-
thority to purchase said franchise and property is granted
on condition that the same is assented to by said town by
a two-thirds vote of the voters present and voting thereon
at an annual meeting, or at a legal meeting called for that
purpose.

Section 10. Any owner of land or water rights taken
under this act, upon application by either party for an
estimate of damages, may require said corporation to give
security satisfjictory to the county commissioners for the
county of Franklin, .for the payment of all damages and
costs which may be awarded to him for the land or other
property taken. If upon petition of such owner, with no-
tice to the adverse party, the security appears to the said
county commissioners to have become insufficient, they
shall require said corporation to give further security to
their satisfaction, and all the right or authority of the
corporation to enter upon or use said land and other
property, except for making surveys, shall be suspended
until it gives the security required.

Section 11. This act shall take effect upon its pas-
sage, but shall become void unless said corporation shall
within three years from the passage hereof commence a
prosecution of the work herein authorized.

Approved April 19, 1884.

Ch(Xp.l.GS ■'^N Act in relation to investments on personal securities

BY SAVINGS banks AND INSTITUTIONS FOR SAVINGS

Be it enacted, etc., as follows:

Section 1. Clause six of section twenty of chapter one
hundred and sixteen of the Public Statutes, relating to in-
vestments b}^ savings banks and institutions for savings in
bonds and other personal securities, is hereby amended by
adding thereto the following words : '^provided, that the
total liabilities to any such corporation, of any person, or
of any partnership, company or corporation for money
borrowed upon personal security, including in the liabili-

"Work to be
commenced
within tliree
years.

Investments on
personal securi-
ties limited.

1884. — Chapters 169, 170, 171. 139

ties of a partnership or company not incorporated the
liabilities of the several members thereof, shall at no time
exceed five per cent, of such deposits and income."

Section 2. Chapter fifty-six of the acts of the year Repeal of i884,
eighteen hundred and eighty-four is hereby repealed.

Section 3. This act shall take eflfect upon its passage.

Approved April 19, 1884.

Chap.Xm

An Act concerning the penalty for fraudulently obtaining

entertainment at an inn.
Be it enacted, etc. , as follows :

Section 1. Section thirteen of chapter one hundred Penalty for

1 fiT-iii-f-i • Til •^ ' fraudulently

and two or the i^ublic Statutes is amended by striking out obtaining enter.
the words " one hundred dollars," in the last two lines in innT''"
said section, and inserting in place thereof the words
*« fifty dollars."

Section 2. This act shall take effect upon its passage.

Approved April 19, 1884.

An Act in relation to attorneys at law. Chccp.VIO

Be it enacted, etc., as follows:

Section 1. The word "suit" in section forty-four of jg^*"!^^*^^^-^'
chapter one hundred fifty-nine of the Public Statutes strued.
shall be construed to apply to any proceeding, civil or
criminal, in any court, or before a trial justice.

Section 2. This act shall take efiect upon its passage.

Approved April 19, 1884.

An Act to limit the time within which trout, land-locked (JJia7).VJ\

SALMON AND LAKE TROUT MAY BE TAKEN.

Be it enacted, etc., as follows:

Section 1. The time within which any person is for- Trout, etc., not
bidden to take, sell, ofier or expose for sale or to have soirbetwTer
in his possession a trout, land-locked salmon, or lake bcfand first oT*
trout, by sections fifty-one and fifty-three of chapter ^p"''-
ninety-one of the Public Statutes, shall be between the
first day of September and the first day of April.

Section 2. So much of said sections fifty-one and Repeal.
fifty-three as is inconsistent with this act is hereby re-
pealed. Approved April 19, 1884.

140

1884. — Chapters 172, 173, 174.

Chap.172

Penalty for
bathing in pub-
lic ponds.

Amendment to
P. 8. 69, §§ 26,
29, 33.

VesBels to be
anchored ac-
cording to rules
of the harbor
master.

An Act to prevent bathing in public ponds.
Be it enacted, etc., as follows:

Whoever bathes in a pond, the water of which is used
for the purpose of domestic water supply for a city or
town, shall be punished by fine not exceeding ten dollars.

Approved April 19, 1884.

Chap.VIS ^^ ^^"^ relating to harbors and harbor masters.

Be it enacted, etc., as foliates:

Section 1. Sections twenty-six, twenty-nine and
thirty-three of chapter sixty-nine of the Public Statutes
are amended so as to read as follows : —

/Section 26. Every master of a vessel within a harbor
for which a harbor master is appointed shall anchor his
vessel according to the rules and regulations of the harbor
master, and shall move to such other place as the harbor
master may direct ; and every master of a tow boat hav-
ing a vessel in tow and every pilot having a vessel in
charge shall allow such vessel to anchor only in such place
as the rules and regulations of the harbor master pro-
vide for anchorage.

Section 29. A harbor master may cause the removal
of any vessel lying in his harbor and not moving when
directed by him so to do, and the expense of such removal
shall be paid by the master or owners of such vessel. In
case of their neglect or refusal to pay such expense, after
it has been demanded, it may be recovered in an action
of contract by the harbor master from the master or owners
of such vessel, to the use of the city or town in which the
harbor is situated.

Section 33. Whoever violates any of the provisions
of the ten preceding sections or refuses or neglects to obey
the instructions of a harbor master lawfully given, or re-
sists a harbor master in the execution of his duties, shall
be liable to a fine of not more than fifty dollars.

Section 2. This act shall take efiect upon its passage.

Approved April 19, 1884.

Ch(lV.V74: ^^ ■^^'^ "^^ PROVIDE FOR THE PUNISHMENT OF EMBEZZLEMENT
BY OFFICERS AND SERVANTS OF VOLUNTARY ASSOCIATIONS.

Be it enacted, etc., as folloivs :
Embezzlement Auy officcr, agfent, clerk or servant of a voluntary as-

by officer of a, . -» ■»

voluntary asso- sociatiou or socicty, who embezzles or fraudulently con-

Harbor master

may remove
any vessel not
moving when
directed.

Penalty.

1884. — Chapters 175, 176, 177. 141

verts to his owu use, or fraudulently takes or secretes cjation, deemed

... , ' 1 1 • 1 simple larceny.

With intent to do so, eflects or property belonging to such
association or society, or which have come to his posses-
sion or are under his care by virtue of his office or employ-
ment, shall be deemed guilty of simple larency.

Approved April 19, 1884.

An Act to permit adjournment of sales on execdtion for (JJiarfJYJ^

MORE THAN SEVEN DAYS.

Be it enacted, etc., as follows:

Section 1. Whenever the sale of property under and ^d'oim?ed^by
by virtue of an execution is restrained by any court of court granting

........ ., , Til I injunction.

competeut jurisdiction, the same may be adjourned by the
order of the court granting the injunction to await the
further order of the court upon such injunction. Upon
the final determination thereof the court may order the
sale to proceed, and may direct such additional notice of
the adjourned sale to be given as justice and equity may
require.

Section 2. This act shall take effect upon its passage.

Approved April 19, 1884.

Chap.176

An Act to exempt certain property of horticultural soci-
eties FROM TAXATION.

Be it enacted, etc., as follows:

Section 1. Such portions of real estate and buildings certain prop-
belonging to incorporated horticultural societies as are from'talatwD.
used for their offices, libraries and exhibitions, shall be ex-
empt from taxation.

Section 2. This act shall take effect upon its passage.

Approved April 19, 1884.

An Act to authorize marine insurance companies with the nj^fj^^ I'TT

REQUISITE CAPITAL, TO INSURE AGAINST LOSS OR DAMAGE BY FIRE "'

AND LIGHTNING.

Be it enacted, etc., as follows:

Section 1. Every domestic insurance company organ- May insure
izcd under general laws to insure against loss or damage Hre'anViight/
by the perils of the sea and other perils usually insured °'°s-
against by marine insurance companies may, upon adding
to its marine capital an amount not less than the minimum
required for a joint stock fire insurance company by sec-
tion twenty-nine of chapter one hundred and nineteen of

142 1884. — Chapters 178, 179.

the Public Statutes, also insure against loss or damage by
fire and lightning.

Section 2. This act shall take effect upon its passage.

Approved April 21, 1884.

ChavA78 An act in relation to fire and marine insurance com-
panies.

Be it enacted, etc., asfolloics:

Computation of SECTION 1. Sectiou twcnty-ninc of chapter one hun-
retuniTto in- " drcd and nineteen of the Public Statutes is so far amended
^ssioner?™" that iusuraucc companies authorized by charter to do fire,
marine and inland business, may continue to do such
business with a capital stock of not less than two hundred
thousand dollars, whether located in Boston or elsewhere,
but all such companies having a capital stock of not more
than two hundred thousand dollars shall in making their
returns to the insurance commissioner compute their re-
insurance upon all inland business at not less than fifty per
cent, of outstanding premiums, and at one hundred per
cent, on all ocean marine premiums ; and no such foreign
insurance company shall be allowed to do other than afire
business in this Commou wealth unless its capital stock
shall be three hundred thousand dollars or more.

Section 2. This act shall take effect upon its passage.

Approved April 21, 1884.

OhapAlO -A^N Act authorizing advances to officers entrusted with

THE DISBURSEMENT OF PUBLIC MONEYS.

Be it enacted, etc., as follow s:

Advances from SECTION 1. Any ofiiccr authonzcd to expend money
e treasury. .^ behalf of the Commou Wealth may have sums advanced
to him from the treasury in the manner herein provided
to enable him to make direct payment of such small
amounts as may be necessary for the effective discharge
of the duties of his office.

Officer to certify Section 2. The officcr shall make a certificate setting

that the amount tie- t^ i

is needed for im- out that the amouut 18 needed tor immediate use, and as
specifically as may be the purposes for which the expendi-
ture is required. If his authority to make expenditure is
subject to the approval or direction of any supervisory
board, such certificate shall bear the approval of such
board. Upon presentation of the certificate to the auditor,
his certificate and warrant and payment shall follow as
in case of claims against the Commonwealth.

mediate use.

1884. — Chapter 180. 143

Section 3. As soon as may be after expending such statement in de-
advance, and in any case on or before the twenty-fifth day ^ iuditor""'^^
of each month, the officer who has received money of the
Commonwealth under the provisions of this act, shall file
with the auditor a statement in detail of the sums expended
subsequent to the previous accounting, approved by the
board, if any, authorized to supervise such expenditure,
and, where it is practicable to obtain them, receipts or
other like vouchers of the persons to whom the payments
have been made.

Section 4. The amount advanced to any one officer Not to exceed

1 .t •• /-xi- i li. ijj $150 in amount

under the provisions ot this act, and not expended and at any one time.
accounted for as herein provided shall not exceed one
hundred and fifty dollars at any time, except in case of
the disbursing officer of the board of health, lunacy and
charity, where the amount shall not exceed one thousand
dollars.

Section 5. This act shall take effect upon its passage.

Approved April 21, 1884.

An Act authorizing the formation of corporations to ex- (J]iar),\SO

AMINE AND GUARANTEE TITLES TO REAL ESTATE.

Be it enacted, etc., as follows. ■

Section 1. Any ten or more persons may associate corporations
themselves together in the manner prescribed by chapter SbUshedto
one hundred and six of the Public Statutes, with a capital fo"'reafeTtate.^*
of not less than two hundred thousand nor more than one
million dollars, for the purpose of examining titles to real
estate, of furnishing information in relation thereto and
of guaranteeing or insuring owners of real estate and
others interested therein against loss by reason of defective
title and other incumbrances ; and corporations so estab-
lished shall have the same powers and privileges, and be
subject to the same duties, liabilities and restrictions as
other corporations established under said chapter, but
they shall not be subject to the laws specially relating to
insurance corporations except as hereinafter provided.

Section 2. Every such corporation shall set apart a Guaranty fund.
sum not less than two-fifths of the amount of its capital
stock, but in no case less than one hundred thousand dol-
lars, as a guaranty fund, and shall invest the same in the
kinds of securities in which savings banks are by law re-
quired to invest their funds ; and no corporation shall
issue any guaranty or policy of insurance until such sum

144

1884. — Chapter 180.

To be applied
to payment of
losses.

Statement of
affairs to be an-
nually filed with
tbe insurance
comnalssloner.

Copy of record
of organization
to be filed with
Insurance com-
missioner.

Taxable like do-
mestic fire insur-
ance companies.

has been so set apart and invested. Such guaranty fund
shall l)e kept and applied for the security and payment of
losses and expenses which may be incurred by reason of
the o:uaranty or insurance made as aforesaid, and shall
not be subject to other liabilities of the corporation so
long as any such guaranty or insurance is outstanding.
In case an increase in the amount of its capital stock shall
be made by any such corporation, two-fifths part of such
increase of the capital stock shall be set apart and added
to the guaranty fund thereof and kept and invested as
aforesaid. Whenever on account of losses or otherwise
the amount of the guaranty fund of any sucb corporation
shall fall below such sum as is so required to be set apart
and invested by this act, no further guaranty or insurance
shall be issued until the deficiency below the amount so
required has been supplied.

Section 3. Every such corporation shall on or before
the fifteenth day of January in each year file in the office
of the insurance commissioner a statement of its afiairs
for the year ending on the preceding thirty-first day of
December, made out in a form similar to that now re-
quired of insurance companies doing business in this
Commonwealth, so far as the same may be applicable,
and such as shall be required by the insurance commis-
sioner. Such statement shall be signed and sworn to by
the president or treasurer and by one of the directors of
such corporation. The insurance commissioner shall
have the same power and authority to visit and examine
all corporations established hereunder and to compel a
compliance with the provisions of law governing them as
he may by law exercise in relation to domestic insurance
companies.

Section 4. No corporation established under this act
shall make any contract or issue any policy of guaranty
or insurance until it has filed with the insurance commis-
sioner a copy of the record of its certificate of organiza-
tion in the office of the secretary of the Commonwealth
and obtained from the insurance commissioner his certifi-
cate that it has complied with the laws applicable to it
and is duly authorized to do business.

Section 5. All corporations established hereunder
shall be taxable like domestic fire insurance companies in
accordance with the provisions of sections seventeen and
forty of chapter thirteen of the Public Statutes.

1884. — Chapter 181. 145

Section 6. This act shall take effect upon its passage.

Approved April 21, 1884.

An Act to provide for taking the decennial census and r^hnj) Igl

THE industrial STATISTICS OF THE COMMONWEALTH. .

Be it enacted, etc., as follows:

Section 1. The decennial census of the Common- census to be tak-
wealth required by articles twenty-one and twenty-two of tu^nZTihehu-
the amendments to the constitution, and the decennial ofXbor!^"**'*'^
census of the industries of the Commonwealth, shall be
taken in the year eighteen hundred and eighty-five and in
every tenth year thereafter, under the direction of the
bureau of statistics of labor, by enumerators to be ap-
pointed by said bureau as hereinafter provided.

Section 2. The information sought by the census schedules on
shall be gathered on eight general schedules, as follows : ^on^^ha"ifbe°"^'
— Schedule number one shall relate to population and gathered.
social statistics ; schedule number two to manufactures ;
schedule number three to mining and quarrying; sched-
ule number four to agricultural products and property
and to domestic manufactures ; schedule number five to
the fisheries ; schedule number six to commerce ; sched-
ule number seven to libraries ; and schedule number
eight to schools and school property. The inquiries to
be borne upon such schedules shall be framed by the bu-
reau of statistics of labor upon the basis of the schedules
adopted for the census of eighteen hundred and seventy-
five, and shall be submitted to the governor and council
for their approval, and when approved by them shall con-
stitute the schedules of the census, and said schedules
shall contain' no other inquiries than those receiving the
approval of the governor and council.

Section 3. The information to be gathered on sched- spedai enumer
ule number one shall relate to each person residing in ^otTr "^^ '''^^'
the Commonwealth on the first day of May, and by such
schedule there shall be made a special enumeration of the
legal voters residing in each city and town and each ward
in each city in the Commonwealth. The statistics to be
gathered by schedules number two, number three, number
five, number six, number seven and number eight shall
relate to the facts called for on the same for the year end-
ing the thirtieth day of June of each census year, and so
far as property relating to such facts is concerned as it ex-

146

1884. — Chapter 181.

Enumerators to
be appointed.

One at least in
each town.

To be inhabi-
tants of towns
where duties
are performed.

Schedules and
instructions to
be furnished to
enumerators on
or before first
day of May.

Returns under
schedule num-
ber one.

ists on the said thirtieth day of June ; and the statistics to
be gathered by means of schedule number four shall relate
to agricultural products and domestic manufactures for
the year ending the fifteenth day of November of the
census years, and to agricultural property as it exists on
the said fifteenth day of November of said years.

Section 4. For the purpose of securing the informa-
tion called for by the preceding sections, said bureau shall
appoint census enumerators in each city and town in the
Commonwealth, but the whole number of such enumera-
tors shall not exceed one for every fifteen hundred polls
in each city and town, according to the returns of the as-
sessors for city and town purposes for the year immedi-
ately preceding the taking of the census, and shall be as
many less as said bureau may decide to be adequate for
the duty : provided, that for the enumeration of the inhabi-
tants as provided for by schedule number one at least one
person shall be appointed and compensated in each city
and town ; and provided, further, that each person
appointed as an enumerator shall be an inhabitant of the
city or town in which said person is to perform the duty
required ; and the appointment of such enumerators shall
be approved by the mayor and aldermen of the city, or
the selectmen of the town ; said bureau may appoint in
addition to the enumerators provided for in this section,
special enumerators to a number not exceeding ten, for
the purpose of making special investigations into the con-
ditions of the dependent, defective and delinquent classes.

Section 5. The said bureau shall, on or before the
first day of May in each census year, transmit to the
enumerators appointed under the preceding section,
printed schedules in accordance with provisions in sec-
tion two, relating to schedule number one, with such
instructions as said bureau may deem necessary, and a
notice that the returns must be made into the office of said
bureau on or before the last day of »Tune of the same year,
so far as schedule number one is concerned.

Section 6. In making returns under schedule number
one, the enumerators shall make and transmit with such
returns a complete list of all establishments engaged in
manufacturing and trade, in mining and quarrying, in fish-
ing and in commerce, the names of all librarians and pro-
prietors or principals of all incorporated and unincorporated
colleges, academies and private schools ; and upon such

1884. — Chapter 181. 147

list the statistics required by sciiecUiles numbered two,
three, five, six, seven and eight shall be gathered by said
bureau, by mail, and of such parties who fail to make re-
turns by mail by such of the enumerators appointed under
section four as said bureau may designate.

Section 7. The information called for on schedule ^cheduie num-
number four shall be gathered by such of the enumerators,
to be appointed under section four, as said bureau may
designate, but such number so designated shall not ex-
ceed two hundred and fifty for the whole Commonwealth,
and they shall make returns of such information on or
before the fifteenth day of January following the census
year.

Section 8. The enumerators appointed under this Knumerators to
act, on receiving their commission and before entering
upon the discharge of their duties, shall take and subscribe
an oath, or aflirmation, that they will faithfully perform
to the best of their ability the duties charged in their com
mission, and that they will support the constitutions of the
United States and Commonwealth of Massachusetts, which
oaths shall be filed in the office of said bureau by each
enumerator with his acceptance of his appointment, and
in making his returns for schedule number one, he shall
sign a certificate on said schedule that the information re-
ported therein is correct to the best of his knowledge and
belief; all other schedules must be certified to by the
parties making them.

Section 9. Upon the request of the mayor and alder- census of in-

,. .. -i . -11 1 /■ ii /• i T habitants and

men of any city, made to said bureau before the first day voters by streets
of April next preceding the taking of the census, said '""^ «<i"are8.
bureau shall direct the enumerators appointed to take the
census in such city to make the enumeration in such man-
ner that the number of inhabitants and legal voters resid-
ing in each street, square or avenue of such city may be
returned, and said bureau shall report the results of such
enumeration of said city to the clerk thereof. Upon re- Division of
ceipt of said report, said city may make a new division of
its wards, as provided by section fourteen, chapter twenty-
eight of the Public Statutes.

Section 10. The said bureau, after it has gathered the Returns to be
facts as to population, shall make a return of the aggre- "tary of the**''"
gated results of the census as to population and voters for Commonwealth,
each town and city, and each ward of each city, and shall
return into the office of the secretary of the Common-

148

1884. — Chapter 181.

Abstract to be
made by secre-
tary and sub-
mitted to the
general court.

Abstracts pre-
pared by the
bureau to bo
printed for use
of legislature.

Penalty on
agent for deceit]
or falsehood.

Fines to accrue
to the Common-
wealth.

Compensation
of persons em-
ployed.

wealth, said aggregated results, on or before the first day
of December of each census year, and the secretary shall
prepare from such aggregated results, an abstract,
arranged by counties, showing the number of legal voters
in each town and in each ward of the several cities, and
shall submit the same to the general court within the first
ten days of the session following the taking of the census
of inhabitants.

Section 11. The said bureau, after it shall have
gathered the facts as called for by this act, shall cause to
be prepared and printed true ab.stracts of the same, with
proper analysis, for the use of the legislature, and such
abstracts shall be printed in volumes uniform in style with
the reports on the census of Massachusetts for the year
eighteen hundred and seventy-five, and such reports shall
be stereotyped, but in the reports so required no use shall
be made of the names of individuals, firms or corporations
supplying the information called for by this act, such in-
formation being deemed confidential, and not for the pur-
pose of disclosing any person's afiairs, and any enumerator
or employe of said bureau violating this provision, shall
be fined as provided for in the succeeding section for
wilful deceit and falsehood.

Section 12. If an enumerator or agent appointed
under this act wilfully refuses to perform any duty re-
quired of him in accordance therewith, he shall forfeit a
sum not exceeding five hundred dollars, and if he is guilty
of wilful deceit or falsehood in the discharge of his
duties, he shall forfeit a sum not exceeding two thousand
dollars, or be imprisoned for not more than one year, and
if any person shall refuse to give the information required
by this act to a person authorized to collect the same, he
shall pay a fine not exceeding one hundred dollars for
every such refusal.

Section 13. All fines charged under this act may be
recovered in any court of competent jurisdiction by infor-
mation or complaint of the attorney-general, and shall
accrue wholly to the Commonwealth.

Section 14. There shall be allowed and paid out of
the treasury of the Commonwealth to each enumerator
employed by the bureau of statistics of labor in the
several cities and towns in taking the decennial census and
industrial statistics of the Commonwealth under the
authority of this act, the sum of two dollars and fifty

1884. — Chapter 181. 149

cents for each day of ten hours actually employed in said
service, and the account of each enumerator so employed
shall be verified by his affidavit and paid on the approval
of the chief of said bureau, after the returns of such enu-
merator shall have been examined and found correct and
properly made. No allowance shall be made to such enu-
merator for travelling expenses, except in extreme cases,
where such expenses would secure economy in the enu-
meration, and then no enumerator shall incur any such ex-
pense except upon previous written authority granted by
the chief of said bureau.

Section 15. The chief of said bureau may expend a Expenses of
sum not exceeding two thousand dollars in preliminary Prep^raHons.
preparations for the census of inhabitants and industries
for eighteen hundred and eighty-five, in preparing sched-
ules, instructions, blanks, etc., and in advising the pub-
lic by the dissemination of proper information, of the
statistics to be gathered. He may, for the purposes of ciedcai assist-
making abstracts of and preparing reports on the census,
employ such clerical assistance as he may require, under
the limitations and regulations of law applicable to the
employment of clerical assistants in the annual work of
said bureau, and he may in addition, during and for the
work of the census, employ four chiefs of division at a
salary not exceeding fifteen hundred dollars each per
annum, such clerical assistants and chiefs of division to be
paid from such appropriation as the legislature may make
for census purposes.

Section 16. Duringf the years eighteen hundred and Extra compen-

. f» sation

eighty-five and eighteen hundred and eighty-six, but for no
longer period, the chief of said bureau and the first and
second clerks thereof, shall receive as extra compensation,
additional to such regular salaries for such officers as are
now provided for by law, the sum of five hundred dollars
to said chief, five hundred dollars to said first clerk, and
three hundred dollars to said second clerk, for each of
the years named, such extra compensation to be paid from
the appropriations for census purposes.

Section 17. The bureau of statistics of labor is here- cost not to ex-
by authorized to expend the sum of one hundred and fifty '^^^^ ^iso.ooo.
thousand dollars as the maximum cost of the census of
inhabitants and industries in the Commonwealth for the
year eighteen hundred and eighty-five, exclusive of cost
of paper for schedules and of printing and stereotyping

150 1884. - Chapter 182.

the abstracts aud reports upon said census, and it shall
not be lawful for said bureau to incur any expense or
obligation whatever in respect of said census in excess of
the sum herein provided.
Repeal. Section 18. Scctious oue to twelve inclusive of

chapter thirty-one of the Public Statutes are hereby re-
pealed.

Section 19. This act shall take effect upon its passage.

Approved April 23, 1884.

Ohap.\S2 An Act conferring certain powers upon the city council

OF THE CITY OF MALDEN.

Be it enacted., etc., as folio irs :
City council SECTION 1. The citv council of the city of Maiden

may alter high- i,,. ,. , ., *'., ,

ways. shall have authority and power to widen, straighten and

otherwise alter highways within the city limits. Any
party aggrieved by such widening, straightening or alter-
ation shall have the same remedies as in the case of town
ways.

Jurisdiction of SECTION 2. Nothing; in this act Contained shall be cou-

county commis- , iii««i.' /»i

Bioners. strucd SO as to excludc the jurisdiction ot the county com-

missioners,
ordinancesmay SECTION 3. Scctiou twentv-elght of chapter one hun-

be established i i n • . /• i n • i

without revision drcd and sixty-nine of the acts of the year eighteen hun-
court'.^"'"'^ dred and eighty- one is amended to read as follows: —
Section 28. The city council shall have power within
said city to make and establish such ordinances and by-
laws, not inconsistent with the laws of the Commonwealth,
as cities and towns have power by law to make and estab-
lish, such ordinances and by-laws to have force and effect
within such city, without revision or approval by the
superior court or any justice thereof; and to modify,
amend or repeal the same ; and to annex penalties not
Proviso. exceeding twenty dollars for the breach thereof : provided,

however, that all laws and regulations in force in the town
of Maiden shall, until they shall expire by their own limi-
tation or be revised or repealed by the city council, re-
main in force ; and all fines and forfeitures for the breach
of any by-law or ordinance shall be paid into the city
treasury. And any complaint for any violation thereof
may be made by the mayor, city clerk, city treasurer, city
marshal or chief of police.

Section 4. This act shall take effect upon its passage.

Approved April 23, 1884.

1884. — Chapter 183. 161

An Act relating to the ocean terminal railroad company, Chap.183

THE OCEAN TERMINAL RAILROAD DOCK AND ELEVATOR COMPANY
AND THE MYSTIC RIVER CORPOUATION.

Be it enacted, etc., asfolloivs:

Section 1. The Ocean Terminal Railroad Company, corporation re-

-111 11 V *U vived, and time

a corporation organized under the general laws or tne extended for
Commonwealth is hereby revived, its organization ratified raiTroad.'"' °
and confirmed and the time for completing its railroad ex-
tended to the sixth day of May eighteen hundred and
eighty-seven.

Section 2. The time within which the provisions of Tim^e^extended^
section four of chapter two hundred and thirty-nine of the franchises of the

.1 1 T 1 1 • 1 i j.'j.l J Mystic River

acts ot the year eighteen hundred and eighty-one, entitled corporation and

"An Act to incorporate the Ocean Terminal Railroad TeinfinafRaii.

Dock and Elevator Company," may be availed of by the [^^H ^°'p°^''-

corporations therein named, is hereby extended to the

sixth day of May eighteen hundred and eighty-seven, and

all the provisions of said chapter are hereby continued in

force.

Section 3, Nothing in this act or in the act herein corporations
referred to shall be so construed as to relieve the Mystic from certain du-
River Corporation or the Ocean Terminal Railroad Com- tZs^""^ °*'"^^'
pany or Ocean Terminal Railroad Dock and Elevator Com-
pany, in case the last named corporations or either of
them should take or purchase any lands, wharves, prop-
erty, rights, privileges and franchises of said Mystic River
Corporation, or so as to relieve any other purchaser or
grantee, either direct or by mesne conveyance from said
last named corporation, from any duty, condition or obli-
gation as regards the time, place and manner of filling,
excavating or otherwise improving the lands so taken, sold
or granted, and the flats and channels adjacent or near
thereto, which is imposed on said Mystic River Corpora-
tion by the several acts relating to said corporation ; and
the grantees and assigns of the said Mystic River Cor-
poration shall in all cases be deemed to have assumed the
duties and obligations of said corporation in the respects
aforesaid. The plans and manner of execution of all work Plans and exe-

,., '■ , „, -, lii •ih/Ta' cution of work

in or over tide waters hereafter done by the said Mystic subject to ap.
River Corporation and its grantees and assigns shall be in ^ora^nd^Ln^
accordance with the provisions of the aforesaid acts and commissioners,
subject to the approval of the board of harbor and land
commissioners.

152 1884 — Chapters 184, 185, 186.

Section 4. This act shall take effect upon its passage.

Approved April 23, 1884.

Chap.\S^ An Act to exempt the lynn workingmen's aid association

FROM TAXATION.

Be it enacted, etc., as follows:

rxemp't'from ^^' property both real and personal held by the Lynn

taxation. Workingmcn's Aid Association, for the purposes and in

accordance with the provisions of the charter of said asso-
ciation, shall be exempt from taxation.

Approved April 24, 1884.

Chap.185 An Act requiring dog licenses to be recorded in the city

OR TOWN WHERE THE LICENSED DOGS ARE KEPT.

Be it enacted, etc. , as follows :
Dogiicenaes Section 1. Scctiou cighty-six of chapter ouc hundred

valid m any part , /. i-n»iTi>.'i i it ij^

of the state. aiiQ two ot the Fublic btatutcs IS hereby amended so that
it will read as follows : — A license duly recorded shall be
valid in any part of the Commonwealth, and may be trans-

Proviso. ferred with the dog licensed : provided, that said license

shall in each case of transfer be again recorded by the
clerk of the city or town where such dog is kept ; but no
license shall be required to be recorded anew unless such
dog shall have been kept in such city or town at least
thirty days.

Section 2. This act shall take effect upon its passage.

Ap2)roved April 28, 1884.

Chcip.XSQ An Act concerning public and private burial places, ani>

LOTS THEREIN.

Be it enacted, etc., asfollotvs:
May hold funds SECTION 1. Any citv or towu is hereby authorized to

deposited with . iii ti i. -i

treasurer for rcccive, hold aud apply auy funds, moneys or securities
^aces. ""^ which may be deposited with the treasurer of such city or
town for the preservation, care, improvement or embellish-
ing of any public or private burial place situated therein,
or of burial lots located in the same.

Section 2. This act shall take effect upon its passage.

Approved April 28, 1884.

1884. — Chapters 187, 188, 189. 153

An Act to confirm the proceedings of the free evangeli- Q/iapA.87
CAL society of attleborough.

Be it enacted., etc., as follows:

Section 1. The proceedinffs of the Free Evanorelical Proceedings

i^ O _ _o conhrmed.

Society of Attleborough, a corporation duly organized on
the twelfth day of June in the year eighteen hundred and
sixty-five, shall not be invalid because the annual meetings
of said society for the years eighteen hundred and seventy-
nine and eighteen hundred and eighty were not called by
the standing committee of said society.

Section 2. This act shall take effect upon its passage.

Approved April 28, 1884.

An Act to authorize sheriffs and their deputies to adjourn (7^rt/).188
sessions of district and police courts.

Be it enacted, etc., as follows:

Section 1. When no iusticeor special justice of a dis- sheriffs and

,. . jjji- 11 deputies may

trict or police court is present at the time and place ap- adjourn sessions
pointed for holding a session of said court, the sheriff of police courTs.
the county or either of his deputies may adjourn the court
from day to day or from time to time as circumstances
may require, or as ordered by the justice or either of the
special justices of said court, and shall give such notice
of such adjournment as the court may by general or special
order direct.

Section 2. This act shall take effect upon its passage.

Approved April 28, 1884.

Chap.lS9

An Act to enable the athol water company to improve
and increase its water supply.

Be it enacted, etc., as follows:

Section 1. The Athol Water Company of Athol, for The Athoi wa-
the purpose of increasing the capacity and efficiency of its nwy {"c^eTse it»
waterworks, is hereby authorized to take and hold, by water supply.
purchase or otherwise, such lands in said town as may be
necessary and convenient for erecting and maintaining an
engine house, pumping station and reservoir ; and may
erect on the land thus taken or held proper buildings,
fixtures and other structures, and may make excavations,
procure and operate machinery, and provide such other
means and appliances as may be necessary for the estab-
lishment and maintenance of complete and effective water
works ; and may connect said works and structures with

154 1884. — Chapter 189.

each other and with the present aqueducts in said town,
and with any other aqueducts that may be hereafter laid.
Mayjake^wa- Section 2. Said water company, for the purposes
Lake, afoFesaid and to increase its supply of water, may take by

purchase or otherwise, hold and convey into the reservoirs,
aqueducts or other works now owned by said Athol Wa-
ter Company, or authorized by this act, the w^aters of
"Silver Lake," so called, and the water rights connected
therewith and also all lands, rights of way and easements
necessary for holding such water and for conveying the
same to any part of said town ; and may erect on the land
thus taken or held proper dams, reservoirs or other struc-
tures, and may make excavations and provide such other
means and appliances as may be necessary for the estab-
lishment and maintenance of complete and effective water
works ; and may construct and lay down conduits, pipes
and other works under or over any lands, water courses,
railroads, or public or private ways and along any such
way in such manner as not unnecessarily to obstruct the
Maydigwp Same; and for the purpose of constructing, maintaining
lands and ways. ^^^^ repairing such conduits, pipes and other works and for
all proper purposes of this act, said corporation may dig
up any such lands, and under the direction of the town in
which any such ways are situated, may enter upon and
dig up any such lands or ways in such manner as to cause
the least hindrance to public travel on such ways.
To have record- SECTION 3. The said Athol Water Company shall,

ed in the regis- •ji • • i /• , i • /. i i • i ]•

try of deeds a withiu sixty days attcr the taking of any lands, rights or

description of i-ii ^ ^ />•!

the land taken. ^^'iiy» watcr rights, watcr-sourccs or casemcuts as atorcsaiQ,
otherwise than l)y purchase, tile and cause to be recorded in
the registry of deeds situate in the city of Worcester a de-
scription thereof sufficiently accurate for identification,
with a statement of the purposes for which they were so
taken, signed by the president of the corporation.

Liability for SECTION 4. The Said corporation shall pay all damages

damages. 'ii • iii- /.

sustained by any person in property by the taking of any
land, right of way, water, water-source, water right or
easement or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act who fails to agree with
said corporation as to the amount of damages sustained,
may have the damages assessed and determined in the
manner provided by law when land is taken for the laying
out of highways, on application at any time within the

1884. — Chapter 189. 155

period of three years from the taking of such land or other
property, or the doing of other injury, under the authority
of this act ; but no such application shall be made after
the expiration of said three years. No application for No application
assessment of damages shall be made for the taking of any bl'^macuTuntii"
water, water right, or for any injury thereto, until the ^^^t^"" « di'^rt-
water is actually withdrawn or diverted by said town
under the authority of this act.

Section 5. Whoever wilfully or wantonly corrupts, Penalty for cor-

-,, /■» , 1 1111 ruptiiig or di-

pollutes or diverts any of the waters taken or held under verting water.
this act, or injures any structure, work or other property
owned, held or used by said corporation under the au-
thority and for the purposes of this act, shall forfeit and
pay to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wanton
acts shall be punished by a fine not exceeding three hun-
dred dollars or by imprisonment not exceeding one year.

Section 6. The owners of lands and water rights .security for
taken under this act, upon application by either party for daL^gestobe
an estimate of damages, may require said corporation to q",™.ed!''*'' '^ '*'
give security satisfactory to the board of selectmen of said
town for the payment of all damages and costs which may
be awarded to them for the land or other property taken.
And if upon petition of the owner, with notice to the
adverse party, the security appears to the selectmen of
said town to have become insufficient, they shall require
said corporation to give further security to their satisfac-
tion, and all the right or authority of the corporation to
enter upon or use said land and other property, except for
making surveys, shall be suspended until it gives the
security required.

Section 7. The town of Athol shall have the right, xownofAthoi
at any time during the continuance of the charter hereby ™ rpo'^rate pro*i).
granted, to purchase the corporate property and all the "^^'
rights and privileges of said company, at a price which
may be mutually agreed upon between said corporation
and said town of Athol, and the said corporation is author-
ized to make sale of the same to said town. In case said
corporation and said town are unable to agree, then the
compensation to be paid shall be determined by three
commissioners, to be appointed by the supreme judicial
court, upon application of either party and notice to the
other, whose award when accepted by said court shall be

156 1884. — Chapters 190, 191, 192.

Subject to assent binding upon both parties. And this authority to pur-
a^two^hws ^ chase said franchise and property is granted on condition
^°*®' that the same is assented to by said town by a two-thirds

vote of the voters present and voting thereon at a meeting

called for that purpose.
Work to be SECTION 8. This act shall take effect upon its passage,

commenced . . . ~

within three but shall bccome void unless said corporation within three
y^*"- years from the passage hereof shall avail itself of its pro-

visions and commence a prosecution of the work herein
authorized. Approved April 28, 1884.

Chap.190 -^^ ^^"^ RELATING TO THE EXAMINATION OF CANDIDATES FOR DIS-
TRICT POLICE.

Be it enacted, etc. , as foUoivs :
Examination of Section 1. So much of SGction ono of chapter one hun-
jifdgeoVthe^'' dred three of the Public Statutes as requires candidates for
superior court, (jj^^^j.^^.^ policG to be examined under the direction of a
justice of the superior court is repealed.

Section 2. This act shall take eflfect upon its passage.

Ap2)roved Ajml 28, 1884.

(77i«W.191 ^^ ^^^ RELATING TO WARRANTS IN CRIMINAL CASES.

Be it enacted, etc., as folloios:
Issue of search SECTION 1. TliG Warrant described in section thirty of
p. s. 100, §30. chapter one hundred of the Public Statutes may be issued
by any justice of the peace authorized to issue warrants in
criminal cases.

Section 2. This act shall take effect upon its passage.

Approved April 28, 1884.

G^«y.l92 ^^ ^^'^ '^^ ESTABLISH THE SALARIES OF THE JUDGE AND THE REG-
ISTER OF THE PROBATE COURT FOR THE COUNTY OF BERKSHIRE.

Be it enacted, etc., as follows:
Salary of judge. SECTION 1. The judgc of the probatc court for the
county of Berkshire shall receive an annual salary of six-
teen hundred dollars.
Salary of regis- SECTION 2. The icgistcr of the probatc court for the
county of Berkshire shall receive an annual salary of six-
teen hundred dollars.

Section 3. This act shall take effect upon its passage.

Approved April 28, 1884.

V 1884.— Chapters 193, 194. 157

An Act concerning the order of trials in criminal cases. ChctpAQS
Be it enacted, etc., as follows:

Section 1. At each term of the superior court held Tnaiiist in
for the trial of criminal cases, the district attorney before
the trials begin shall make up and deposit with the clerk
for inspection of all parties, a list of all cases to be tried
at that term, and trials shall be had in the order of such
trial list unless otherwise ordered by the court.

Section 2. Section one of chapter two hundred and Repeal.
fourteen of the Public Statutes is hereby repealed.

Approved April 29, 1884.

An Act to authorize the city of salem to take, dredge and ni^n/n 194

FILL certain lands OR FLATS IN THE NORTH RIVEU IN SAID CITY.

3e it enacted, etc., as folloivs:

Section 1. For the purpose of abating the nuisance May take and
in the city of Salem in that part of the North River lying andTau" ""*''
easterly of North Street, the said city may, from time to
time, purchase or otherwise take any or all of the lands or
flats in the said North River in Salem lying easterly of
North Street and northerly of the location of the Eastern
Railroad, and till and raise the same to such grade as may
be deemed necessary or expedient ; or said city may
dredge any flats taken by it under the authority of this act
or heretofore taken by it under authority of chapter one
hundred eighty-five of the acts of the year eighteen hun-
dred eighty-three.

Section 2. Said city shall, within sixty days from the To have record-
time of taking said lands or flats, file and cause to be tiVo/deedsf*'
recorded in the ofiice of the register of deeds for the day^iVdescnp.
southern district of the county of Essex a description of |,'°" °f '''"'^^ ""^
the lands or flats so taken as certain as is required in a
common conveyance of lands, and a statement that the
same are taken pursuant to the provisions of this act ;
which said description and statement shall be signed by
the mayor of said city ; and the title of all lands or flats so
taken shall vest in the city of Salem in fee simple, and the
same may be sold and conveyed by said city in such man-
ner as the city council may determine.

Section 3. Said city shall pay all damages sustained r-iabnuy for
by any person in property by the taking of any lands or
flats or by any other thing done by said city under the
authority of this act. Any person sustaining damages as

158

1884. — Chapter 195.

Work to be exe-
cuted under
supervision of
harbor and
land commis-
sioners.

Streets may be
laid out over
lands and tiats.

Subject to ac-
ceptance by city
council.

Chap.

City to con-
struct an inter-
cepting sewer.

aforesaid under this act who fails to agree with said city
as to the amount of damages sustained may have the same
assessed and determined in the manner provided by law
when land is taken for the laying out of highways, on ap-
plication at any time within the period of one year from
the taking of such lands or flats or the doins: of other
injury under the authority of this act; but no such appli-
cation shall be made after the expiration of said period.
Any person sustaining damages as aforesaid under this act
who agrees with said city upon the amount of damages
sustained by him shall be paid the amount of said dam-
ages by said city forthwith. The respective rights and
remedies of persons having different, separate or contin-
gent interests or estates in the same property, as to the
disposition of the damages awarded or agreed to under
this act, shall be the same in all respects as are provided
by law when land is taken for the laying out of highways.

Section 4. The city of Salem before beginning to fill
or dredge any flats taken under the authority of this act shall
give written notice to the board of harbor and land com-
missioners of the work proposed, and shall submit to
said board plans of the flats proposed to be filled or
dredged, showing the mode in which the work is to be
performed ; and no such work shall be commenced until
the plans and the mode of performing the work have
been approved in writing by said board ; and all such
work shall be executed under the supervision of said
board.

Section 5. The city council of said city may lay out,
in the manner provided by the charter of said city, streets
and ways over any of the lands or flats referred to in this
act.

Section 6. This act shall take eflfect upon its accept-
ance by the city council of the city of Salem.

Approved April 29, 1884.

195 -^N ^^"^ CONCERNING ALEWIFE BROOK AND CERTAIN SEWERS IN
CAMBRIDGE AND SOMERVILLE.

Be it enacted, etc., asfolloivs:

Section 1. The city of Cambridge shall construct an
intercepting sewer of sufficient capacity, and by means
thereof shall conduct the sewage of the Concord Avenue,
Spruce Street and North Avenue sewers in said city, and
of any sewer at any time discharging into either of said

1884. — Chapter 195. 159

sewers, or into said intercepting sewer (provided, how-
ever, this shall not include any other than that within the
natural drainage area of Alewile Brook), to some con-
venient spot upon the poor farm in said city; shall there storage basin to
construct a storage basin for the temporary deposit of bo constructed.
such sewage, and by means of pumps or otherwise shall
raise such sewage to a sufficient height to discharge the
same by means of a connecting sewer, which connectimr
sewer shall not exceed twelve inches in diameter, at a
convenient point in the sewer in Newbury Street, in the
city of Somerville ; shall construct such connecting sewi r,
and shall so discharge the said sewage for the term of three
years from the first day of September next, the connection
with the said Somerville sewer to be made on or before said
first day of September: provided, howevf-r, that, during pumping may
repairs upon any Somerville sewer into which the Cam- liurfng'^repai^s!*^
bridge sewage shall be so discharged, pumping shall be
discontinued if the city engineer of Somerville shall so re-
quest of the city of Cambridge ; and also, that at some
point in the intercepting sewer, to be determined by the
city engineer of Somerville, there shall be constructed by
the city of Cambridge an automatic shut-otf so arranged
as to cut oif the connection of the Cambridge sewers
which may empty therein with the Somerville sewers
durins: severe storms and when the Cambridge sewers at
the shut-off are running more thnn half full, said shut-oft'
to be built according to a design approved by the city en-
gineer of Somerville, and to be constructed to his satis-
faction ; but the city of Cambridge may, during any such
discontinuance and during such times as the connection of
the Cambridge sewers with the Somerville sewers may be
so cut off, discharge its sewage into Alewife Brook : jprn- proviso.
vided, however, that if this method of disposing of said
sewage be adjudged impracticable, as hereinafter pro-
vided, then the obligation imposed by this section shall
be void, and provided further, that whenever the city of Proviso,
Cambridge shall adopt and carry into active operation
any other method of disposing of the sewage of its sewers
above named, and sewers at any time discharging therein,
than by a discharge into Alewife Brook, the obligation
imposed by this section shall be void.

Section 2. For the purposes named in the preceding city council of
section, the city council of Cambridge shall have the same tak"J p"ivl^te"*^
right to take private land in Somerville as it now has to tTiil'" ^*""®'"*

160 1884. — Chapter 195.

take land for sewers in Cambridge, and all the proceed-
ings of such taking shall be conducted in the same man-
ner as though such land were in Cambridge, and all per-
sons and corporations suffering damage in their property
by reason of such taking shall have the same rights and
remedies for ascertaining and recovering the amount of
such damage as in the case of land taken for sewers in
Cambridge.
If method is Section 3. If at any time after the construction of

deemed imprac- , , • i i i /» • i /. i

ticabie, obiiga- the works rcquircd by the iirst section hereof, and actual
firB" 8™ tufn to" trial thereof, that method of disposing of said sewage be
be void. deemed by the state board of health, lunacy and charity,

after such notice and hearing as said board may order,
impracticable without great and unreasonable expense, or
if by reason of the proceedings under the twelfth section
hereof the city of Cambridge is prevented from discharg-
ing its sewage into Somerville sewer as aforesaid, then
the obligation imposed by the first section hereof shall be
void.
"Yars^woTks SECTION 4. After the expiration of three years from

may be discoD- the first day of Sej^tcmbcr next, the city of Cambridge
may at its option continue or discontinue the works pre-
scribed in the first section hereof; said continuance how-
ever to i)e for a term of three years and no more, except
with the consent of the city of Somerville, and subject to
the same conditions as the original term.
Annual pay. SECTION 5. So loug as the city of Cambridge dis-

ments to the city , .^ • , ,i ,• •> -n • ii

of Somerville. chargcs its scwagc mto the sewer or l^omerviUe in the
manner herein before prescribed, it shall pay annually to
the cit}' of Somerville upon the first day of September,
the first payment to be made on the first day of September,
A. D. eighteen hundred and eighty-five, the sum of three
thousand dollars, and in the same ratio for any part of
a year, and during the same period shall dispose of the
sewage and storm water of the city of Somerville empty-
ing into any sewer of Cambridge under the provisions of
this act, in the same manner that it disposes of its own
sewage and storm water in the same sewer, and without
any cost or charge to the city of Somerville.
Description of SECTION 6. The city of Somei'ville for the purposes
Somerville to be of draining the following described territory situated in
Somerville, namely: — commencing at a point on the
boundary line between Cambridge and Somerville distant
one hundred sixty-eight feet southeasterly from a stone

1884. — Chapter 195. 161

bound marking said boundary line, and numbered twenty- Territory to be
two ; thence running southeastwardly by said boundary '^'■*"^^^-
line to the southeasterly line of Meacham street ; thence
turning and running northeastwardly by said southeasterly
line of Meacham street to the Middlesex Central Kailroad ;
thence continuing in the same direction and crossing said
railroad to a point one hundred feet southwesterly from
the southwesterly line of Holland street ; thence turning
and running northwestwardly by a line parallel with said
southwesterly line of Holland street and one hundred feet
distant therefrom, to the southeasterly line of Elmwood
street ; thence turning and running southwestwardly by
said southeasterly line of Elmwood street to a point in line
with the prolongation of the southwesterly line of Mead
street ; thence turning and running northwestwardly by
said southwesterly line of Mead street prolonged, crossing
Elmwood street and Cameron avenue, and by the said
southwesterly line of Mead street to the northwesterly
line of Moore street ; thence in the same direction cross-
ing Newbury street and Clarendon avenue to the laud
owned by the city of Cambridge ; thence southwestwardly
by said land of the city of Cambridge, to the point of be-
ginning, — may connect any sewer upon such territory
with any sewer in Cambridge; and for that purpose the city council of
city council of Somerville shall have the same right to falTpSte'"*^
take private land in Cambridge as it now has to take land |f^^ e"*^*™"
for sewers in Somerville, and all the proceedings of such
taking shall be conducted in the same manner as though
such laud were in Somerville, and all persons or corpora-
tions suffering damage in their property by reason of
such taking shall have the same rights and remedies for
ascertaining and recovering the amount of such damage
as in the case of land taken for sewers in Somerville.

Section 7. Each of said cities may, for the purposes May dig up
of this act, carry its pipes and drains under any street, ^^^^^^' ^^■
railroad, highway or other way in such a manner as not
unnecessarily to obstruct the same, and may enter upon
and dig up such street, railroad, highway or other way
for the purpose of laying, maintaining and repairing any
such pipes and drains, and may do any other things nec-
essary or proper in executing the purposes of this act ;
but whenever either of said cities enters upon or digs up
for such purposes any road, street or way which is outside
its own territorial limits, it shall be subject to such reason-

162

1884. — Chapter 195.

Regulations to
be prescribed
by the mayor
and aldermen.

Liability for

Proviso.

When discharge
of sewage shall
cease.

Drainage not to
be discharged
into Ale wife
Brook.

able regulations as may be prescribed by the mayor and
aldermen of the city wherein such street or way may be
located, and shall restore said road, street or way to as
good order and condition as it was in before such digging
was commenced, shall perform the work in such manner and
with such care as not to render any road, street or way iu
which such pipes are laid unsafe or unnecessarily incon-
venient to the public travel thereon, and shall at all times in-
demnify and save harmless any city which is liable to keep in
repair any road, street or way aforesaid, against all dam-
ages which may be recovered against it, and shall re-im-
burse to it all expense which it shall reasonably incur by
reason of any defect or want of repair in such road, street
or way caused by the maintenance, repair or replacing of
said pipes, or by reason of any injury to persons or prop-
erty caused by any defect or want of repair in any such
pipes : 2)}'oi'ided, that such city has notice of any claim or
suit for such damage or injury, and an opportunity to
assume the defence thereof. Either city shall have the
right to use without compensation any sewer built under
this act within its own territorial limits.

Section 8. Whenever the city of Cambridge lawfully
ceases to discharge sewage into the sewer of the city of
Somerville in the manner prescribed by the first section
hereof, the city of yomerville shall cease to discharge its
sewers into the sewers of the city of Cambridge, as
provided in the sixth section hereof.

Section 9. No person or corporation, public or pri-
vate, shall, after the first day of September next, discharge
or cause to be discharged either directly or indirectly into
Alewife Brook any drainage, refuse or polluting matter of
such quality and quantity as either by itself or iu connec-
tion with other matter shall corrupt the waters of said
brook, or tend to make the brook a nuisance deleterious
to public health : provided, however, that this pr()hil)ition
shall not extend to the sewage from the sewers named in
the first section hereof, nor to sewage from lands now
emptying sewage into said brook, in case the method
therein prescribed for disposing of the same be deemed
impracticable as aforesaid b}' the state board of health,
lunacy and charity ; but this proviso shall not be construed
to give to the city of Cambridge or any persons or cor-
poration any right in addition to what it has at the date
of the passage of this act, if any, to drain into said brook.

1884. — Chapter 195. 163

Section 10. Nothing herein contained shall be con- Discharge of
strued to prevent the city of Cambridge from discharging ^ "^ ^* ^''
the storm water of its sewers, including those named in
the first section hereof, iuto said brook, nor to destroy or
impair prescriptive rights of drainage or discharge, if any,
to the extent to which they lawfully exist at the date of
the passage of this act ; and nothing in this act contained
shall be construed to authorize the pollution of the waters
of said brook in any manner now contrary to law.

Section 11. The mayor and aldermen of Cambridge Lands in cam-

.. • 1 1 • /^ 1 • 1 bridge draining

may permit any persons owumg lands in Cambridge, now into Aiewife
draining into Aiewife Brook, to drain such lands or any aiiowedto^dndu
part thereof into either of the sewers in Cambridge named cambrid|e^'"
in the first section hereof, upon such terms and conditions
as they may prescribe. If within fourteen days after
application to them they do not grant to any such person
permission thus to drain, or if such person be dissatisfied
with the terms and conditions prescribed by the mayor
and aldermen, he may appeal to the state board of health,
lunacy and charity, which board, after such notice as it
may order and a hearing, shall decide whether such person
may enter either of the sewers and what sum either in
gross or at stated periods he shall pay to Cambridge there-
for, and what other terms and conditions, if any, shall be
imposed on account of such entry, which decision shall be
final and binding upon all parties, one-half of said sum to
be paid to the city of Somerville.

Section 12. If at any time after the expiration of two if discharge of
years from the first day of September next, the mayor age^throulh*^^'
and aldermen of Somerville shall be of opinion that the er°i^d7trimenul
operation of the works or the discharge and flowage of the to iieaith, com-

•^ . O n mission may

Cambridge sewage into and through the sewer of the city beiappointed.
of Somerville, as provided for by this act, is detrimental
to the health of the inhabitants of said city of Somerville,
or any number thereof, said mayor and aldermen may
apply to any justice of the supreme judicial court, in vaca-
tion or at any regular term thereof in any county, who
shall forthwith, and after such notice as said court or any
justice thereof may deem proper, appoint three capable
and disinterested persons to sit as a commission of inquiry,
whose duty it shall be to hear any evidence that may be
produced before them touching the effect of the operation,
discharge and flowage aforesaid upon the health of the in-
habitants of said city of Somerville or any part thereof ;

164

1884. — Chapter 195.

Commission to
report to tlie
courti

'Htate board of
health may
order persons,
etc , to desist
from acts affect-
ing public
health, etc.

Parties to have
a hearing.

Proviso.

Injunction may
be issued by
S. J. C.

Order to be
made in writing.

Service of order.

j-.-iid commission prior to said hearing shall order such
public notice thereof as may seem proper to them, and if
they are of opinion that the works provided for in section
one of this act cannot be longer operated, or the sewage
therein provided for longer discharged into and conveyed
through the sewers of said city of Somerville, without
detriment as aforesaid to the public health, they shall re-
port accordingly to said court, and said court shall accept,
re-commit or reject said report, or enter such order,
decree or judgment in the premises as may seem just and
proper.

Section 13. Whenever a violation of any of the pro-
visions of this act affecting the public health or the water
supply of any city is committed, the state board of health,
lunacy and charity may, if in its judgment the public
health requires, order any person or corporation, public
or private, to cease and desist from such violation and to
remedy the pollution, or to cleanse or purify the polluting
substances in such a manner and to such a degree that
they shall be no longer deleterious to the public health,
before being cast or allowed to flow into said brook : pro-
vided, that before making such order the said board shall
assign a time and place for hearing all parties interested,
and shall give such parties an opportunity of being heard,
and the orders herein before provided shall not be issued
until after such notice and hearing ; and provided also,
that upon the application of any city to said board alleg-
ing the violation of any of the provisions of this act, and
the pollution of its water supply thereby, said board shall
grant a hearing, upon due notification to all parties inter-
ested, and upon proof of such violation shall issue the
order or orders already mentioned in this act.

Section 14. The supreme judicial court or any one of
its justices, in term time or vacation, shall have power to
issue an injunction to enforce any order referred to in this
act.

Section 15. Every such order of the board of health,
lunacy and charity shall be made in writing, and served
by any person competent to serve a notice in a civil suit,
personally, upon the person found guilty of violation as
aforesaid, or his authorized agent, or a copy of the order
may be left at the last and usual place of abode of such
person, or his agent, if he has any such place of abode
within the state known to the officer. If the residence of

1884. — Chapter 196. IGo

the owner or agent is unknown to the officer, or without

1 • • •

the state, the order may be served by pubhcation in one

or more newspapers in such manner and for such time as

said board may order. Any party aggrieved by any such Right of appeal

order shall have the right of appeal to a jury, and be sub- °''J"''^

ject to sections eighty-eight and ninety of chapter eighty

of the Public Statutes ; during the pendency of the appeal,

the pollution against which the order has issued shall not

be continued contrary to the order, and upon any violation

of the same the appeal shall be forthwith dismissed.

Section 16. Nothing herein before contained shall be Jurisdiction of

, , , ~. . T . /• .1 • T 8. J.C. in equity.

construed to exclude the jurisdiction or the supreme judi-
cial court sitting in equity according to the usual course
and practice of such court.

Section 17. This act shall take effect upon its pas- subject to ac
sage, but shall become void unless accepted by the city thfrty^Taj^I' '°
council of each of said cities within thirty days thereafter.

Approved April 29, 1884.

An Act to confirm the organization of the south pocasset C7iap.\^Q

CEMETERY ASSOCIATION, AND TO ENABLE SAID CORPORATION TO
HOLD CERTAIN REAL ESTATE.

Be it enacted, etc. , as folloivs :

Section 1. The organization of the South Pocasset organization
Cemetery Association with all acts done under said organi-
zation, which societies of a similar character may legally
do, are hereby ratified and confirmed.

Section 2. The said corporation may take and hold ^^^ t^e^.c^of^
the real estate known as the " Old Cemetery lot" situate cemetery lot."
in that part of the town of Bourne called Pocasset adjoin-
ing the property of said corporation and containing one
hundred and eighteen rods for burial purposes, subject to
all laws that are or hereafter may be in force relating to
similar societies.

Section 3. Any person claiming to be aggrieved by AsseBsmentof
the provisions of this act, may at any time within one year ^™^^®*"
after this act takes effect, apply by petition to the superior
court for the county of Barnstable, and his damages, if
any, shall be assessed and determined by and under the
direction of said court, and shall be paid by said South
Pocasset Cemetery Association.

Section 4. This act shall take effect upon its passage.

Approved April 30, 1884.

166

1884. — Chapters 197, 198.

Ch(ip.\^7 -^N Act to establish the salary of the clerk of the police

COURT OF CHELSEA.

Be it enacted, etc., as foUoics :
Salary of clerk. Section 1. The clerk of the police court of Chelsea

shall receive an annual salary of nine hundred dollars.
Repeal. SECTION 2. So much of scction three of chapter one

hundred and seventy-six of the acts of the year eighteen
hundred and eighty-two as is inconsistent with this act is
hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved April 30, 1884.

Chapl^S

The Needham
Cemetery Asso-
ciation incorpo-
rated.

Real and per-
sonal estate.

First parish In
Needham may
convey burial
ground to corpo-
ration when
organized.

Proviso.

Proprietors of
lots to be mem-

An Act to incorporate the needham cemetery association.
Be it enacted, etc., as follows :

Section 1. James Mackintosh, Lauren Kingsbury,
William Moseley, Edgar H. Bovvers, William Carter,
Cyrus W. Jones, Otis Morton, Albert E. Miller, Alex-
ander Lynes and William Gorse, their associates and suc-
cessors, are hereby made a corporation by the name of The
Needham Cemetery Association, for the purpose of ac-
quiring, holding, managing and perpetuating a place for
the burial of the dead iu the town of Needham, with all
the powers and privileges and subject to all the duties,
restrictions and liabilities contained in general laws which
now are or hereafter may be in force relating to similar
corporations, except as otherwise hereinafter provided.

Section 2. Said corporation may purchase, acquire,
receive and hold real estate in the town of Needham, to
the extent of forty acres, and may also hold personal estate
to an amount not exceeding twenty-five thousand dollars,
in addition to any amounts which may be held by it under
the provisions of section six of this act.

Section 3. The first parish in Needham is hereby
authorized, whenever said corporation shall be duly organ-
ized, to release and convey to said corporation for such
consideration and upon such terms as may be agreed upon
by a deed executed by the treasurer of said parish on its
behalf, the whole of the real estate and rights of property
now held and set apart by said parish as a burial ground
for the dead : provided^ that a majority of the qualified
voters of said parish present and voting shall vote so to do
at a meeting duly warned for that purpose.

Section 4. All persons who shall become proprietors

1884. — Chapter 198. 167

of lots in any lands acquired by said corporation and all bers of corpora-
persons who shall be proprietors of lots, whether by deed
or otherwise, in the real estate mentioned in section three
of this act, at such time as the release and conveyance
therein authorized may be made to said corporation, shall
be and become members of said corporation. And when-
ever any person shall cease to be the proprietor of a lot in
the lands of said corporation he shall cease to be a member
thereof.

Section 5. All the net proceeds of sales of lots in the Net proceeds of
lands held by said corporation shall be forever devoted voted "oim-^
and applied to the preservation, improvement, embellish- provements.
ment, protection and enlargement of said cemetery, and
the incidental expenses thereof, and to no other purpose.

Section 6. Said corporation is hereby authorized to May take and
take and hold any grant, donation or bequest of property, o?bequestoT
upon trust to apply the same, or the income thereof, for P''°P®'''y-
the improvement, embellishment or enlargement of said
cemetery, or for the erection, repair, preservation or re-
moval of any monument, fence or other erection, or for
the planting and cultivation of trees, shrubs or plants, in
or around any lot, or for improving said premises in any
other manner or form, consistent with the purposes for
which said corporation is established, according to the
terms of such grant, donation or bequest ; and whenever
any such grant, donation or bequest, or any deposit of any
money shall be made by the proprietor of any lot in said
cemetery, for the annual repair, preservation or embel-
lishment of such lot and the erections thereon, the said
corporation may give to such proprietor or his representa-
tives an agreement or obligation, in such form and upon
such conditions as it may establish, binding said corpora-
tion and its successors to preserve and keep in repair said
lot forever, or for any such period as may be agreed upon.

Section 7. The officers of said corporation shall con- Treasurer ana
sist of five trustees, a treasurer, and a clerk, who shall be ed annuafiy!^*'*'
elected at the annual meeting of said corporation, a presi-
dent to be elected annually by the trustees from among
their numbers and such subordinate officers as may be
provided for by the by-laws. Said treasurer and clerk
shall each be elected for one year, and until his successor
is elected and qualified. Said trustees shall be elected, J^^e^for ttve°^^
one each year, for the term of five years, provided how- years.
ever that at the first election the terms shall be respec-

168

1884. — Chapter 198.

Vacancies.

Annual meet-
ings.

Quoram to coU'
siet of fifteen
persons.

Meeting for or-
ganization.

Meeting to be
called aftet con-
veyance ia
made.

tively, one, two, three, four and five years. Said trustees
shall have the general management, care and superintend-
ence of the property, expenditures, business and pruden-
tial affairs of said corporation and of the sales of lots in
said cemetery, and shall make a report of their doings to
the corporation at its annual meeting. The treasurer shall
give such bond as the trustees may direct. In case of a
vacancy in said board of trustees or in the oflSce of treas-
urer or clerk, by death, resignation, removal or otherwise,
such vacancy may be tilled for the unexpired term at any
annual or special meeting of the corporation.

Section 8. The annual meeting of said corporation
shall be held on the first Tuesday of April in each year, at
such place in the town of Needham as the trustees shall
direct. Special meetings may be called at any time by
order of the trustees. Notice of annual and special meet-
ings shall be published two successive weeks in some
newspaper published in said town of Needham, or in the
town of Dedham. At all meetings of said corporation a
quorum for business shall consist of not less than fifteen
persons, and any business, except as hereinafter provided,
may be transacted, of which notice shall have been given
in the advertisement of the meeting, and all questions
shall be decided by a majority of the members present or
represented who may vote either in person or by proxy.

Section 9. This act shall take effect upon its passage,
so far as to authorize the corporation herein mentioned to
hold a meetinor at which an orsfanization shall be effected
by the election by ballot of a temporary president, treas-
urer and clerk, who shall be authorized to negotiate with
said parish for a conveyance to said corporation of the
whole or anj'^ part of the real estate of said parish, includ-
ing that mentioned in section three, and to receive such
conveyance, but shall not take effect for any other than
the foregoing purposes until such conveyance shall have
been executed and delivered by said parish to said corpo-
ration. Notice of the time, place and purpose of said
meeting shall be given in writing by the corporator first
named to each of the others, three days at least before
said meeting. As soon as said conveyance shall have
been made and delivered as aforesaid, said temporary
president, treasurer and clerk shall call a meeting of the
proprietors of lots in said real estate mentioned in section
three, who shall at said meeting elect by ballot theoflicers

1884. — Chapters 199, 200. 169

mentioned in section seven. If said meeting shall be held
on any other day than that herein before prescribed for the
annual meeting, all officers elected shall hold their respect-
ive offices for the full terms to which they may be sever-
ally elected, reckoning however as one year the time in-
tervening between the date of the said first meeting and
the date of the annual meeting next ensuing. Said tirst First meeting.
meeting shall be called by publishing notice of the time,
place and purposes thereof two successive weeks in some ^

newspaper published in said Needham or said Dedham,
the last publication to be at least three days before said
meeting. Approved April 30, 1884.

An Act in addition to an act to regulate the taking of (7^a7>.199'

FISH IN north river IN THE COUNTY OF PLYMOUTH.

Be it enacted^ etc., as follows :

Section 1. Whoever sets a seine or combination f>f ^t^e'd ijf Nonh*
seines over three hundred and eighty-five feet in length, Rivei.
or casts a mesh net over three hundred and fifty feet in
length, in the North River in the county of Plymouth,
shall for each offence be punished by fine not less than
twenty-five nor more than one hundred dollars, or by im-
prisonment in the house of correction not less than one
nor more than three months.

Section 2. Section forty-one of chapter ninety-one of P|'°g^'«\°"j%°f
the Public Statutes shall not apply to the fisheries in said not to apply.'
North River.

Section 3. This act shall take efiect upon its passage.

Approved April 30, 1884.

An Act confirming certain acts of the town of woburn in nji(ij)^2iOO

RELATION TO ITS WATER SUPPLY AND AUTHORIZING AN INCREASE "

OF ITS WATER DEBT.

Be it enacted, etc., as follows :

Section 1. The following votes of the town of Wo- votes of the
burn and the debts respectively contracted thereunder and confirmed."
the notes given therefor as herein specified, so far as the
same are invalid for want of authority in the town to in-
crease its permanent water debt or by reason of any omis-
sion to comply with the provisions of law, are hereby
made valid and confirmed, to wit : — The vote of said town
passed at a town meeting held on the second day of April
in the year eighteen hundred and seventy-seven authoriz-

170

1884. — Chapter 200.

Votes con-
firmed.

Sinking funds.

May increase
water debt.

ing its treasurer to hire money sufficient to pay the claim
of George H. Norman against the town, being on account
of the construction of its water works, the two debts con-
tracted thereunder amounting to twenty-two thousand five
hundred dollars and the two notes given therefor : — The
vote of said town passed at a town meeting held on the
thirtieth day of July in the year eighteen hundred and
seventy-eight, authorizing its treasurer to hire twelve
thousand dollars for water works construction, and the vote
of said town passed at a town meeting held the seventh
day of April in the year eighteen hundred and seventy-
nine authorizing its treasurer to hire the sum of thirty-five
hundred dollars for water works construction in addition
to the twelve thousand dollars specified in the last preced-
ing vote, the two debts contracted under said two last
mentioned votes both amounting to fifteen thousand five
hundred dollars and the two notes given therefor: — The
vote of said town passed at a town meeting held on the
twenty-sixth day of May in the year eighteen hundred and
seventy-nine authorizing its water commissioners to pur-
chase an engine for its water works and appropriating
eight thousand dollars therefor : — The vote of said town
passed at a town meeting held on the twentieth day of
October in the year eighteen hundred and seventy-nine
authorizing its treasurer to hire a sum not exceeding fifty-
five hundred dollars for its water works construction, the
two debts contracted under said two last mentioned votes
both amounting to thirteen thousand three hundred dol-
lars and the two notes given therefor ; and the vote of
said town passed at a town meeting held on the thirtieth
day of July in the year eighteen hundred and eighty au-
thorizing its treasurer to hire the sum of twenty-five thou-
sand dollars appropriated to water works construction, the
debt of fifteen thousand dollars contracted thereunder and
the note given therefor.

Section. 2. The action of said town in establishing
sinking funds in accordance with any of said votes is here-
by made valid and confirmed.

Section 3. In addition to the water debts amounting
to sixty-six thousand three hundred dollars made valid
and confirmed as set forth in section one of this act, said
town may further increase its permanent water debt to an
amount not exceeding thirty-three thousand seven hun-
dred dollars upon complying with the provisions of chapter

1884. — Chapter 201 . 171

twenty-nine of the Public Statutes and any acts in amend-
ment thereof or in addition thereto so far as the same are
applicable.

Section 4. This act shall take effect upon its accept- subject to ac
ance by a two-thirds vote of the voters of said town pres- two'.thi^ds^vote.
ent and voting thereon at a legal town meeting called for
the purpose within two years from its passage.

Approved April 30, 1884.

Cha2?.201

An Act to authorize the town of concord to increase its
water supply.

Be it enacted, etc., as follows:

Section 1. The town of Concord, in addition to the May increase
powers now conferred upon it by law, is hereby author- "''»*«'" supply.
ized to supply itself and its inhabitants and other persons,
towns and corporations on the line of its water works with
pure water to extinguish tires, generate steam and for
domestic and other purposes, and may establish public
fountains and hydrants and regulate their use, and dis-
continue the same, and may collect rates to be paid for the
use of the water.

Section 2. Said town, for the purposes aforesaid. May take waters
may take and hold the waters of Nagog Pond, so called, •„^&/^°'"^
in the towns of Acton and Littleton and the waters which •"•"d Lutieton.
flow into and from the same, and may also take and hold
by purchase or otherwise all necessary lands for raising,
holding, diverting, purifying and preserving such waters,
and conveying the same to any and all parts of said town
of Concord, and may erect thereon proper dams, reser-
voirs, buildings, fixtures and other structures, and make
excavations and embankments, and procure and operate
machinery therefor ; and for such purposes may construct
and lay down, dig up and repair conduits, pipes and other
works in, under or over any lands, water courses or rail-
roads, and along any street, highway, alley or other way,
in such manner as not unnecessarily to obstruct the same,
and may dig up, raise and embank any such lands, street,
highway, alley or other way in such manner as to cause
the least hindrance to travel thereon.

Section 3. Instead of taking the entire waters of said Quantity of wa-
Nagog Pond, said town of Concord may, if it shall so lubject'toa^vote
elect, take a part of said waters, such election to be made oft^etown.
by a vote of said town declaring the quantity or propor-
tion of said waters to be so taken.

172

1884. — Chapter 201.

To file in regis-
try of deeds a
description of
land and water
taken.

May, by vote,
take an in-
creased propor-
tion of waters.

Water to be
measured.

Liability for
damages.

Application for
damages not to
be made until
water is actually
withdrawn.

Section 4. Within ninety days after the tinae of tak-
ing any lands, waters or water courses as aforesaid, other-
wise than by purchase, said town shall file in the registry
of deeds for the southern district of the county of Middle-
sex a description thereof suflBciently accurate for identifi-
cation, with a statement of the purpose for which thesanae
is taken, signed by a majority of the water commissioners
of said town ; and if said town shall have made the elec-
tion authorized by section three of this act, said description
and statement shall be accompanied by a copy of the vote
of said town signifying such election.

Section 5. Said town of Concord, if it shall have
made the election authorized by section three of this act,
may thereafter from time to time, if it shall so elect, take
an increased proportion of said waters, each successive
election to be made by a vote of said town declaring the
additional quantity or proportion of said waters to be so
taken, and upon each such successive election and within
ninety days thereafter said town shall file in said registry
of deeds a description, statement and copy of the vote
therefor as provided for in section four of this act.

Section 6. If said town shall make the election au-
thorized by section three of this act, said town shall pro-
vide a reliable means or method of measuring and registering
the amount of water taken, such register or record to be
at all times accessible to any interested parties.

Section 7. The said town of Concord shall pay all
damages sustained by any person in property by the tak-
ing of any land, right of way, water, water source, water
right or easement, or by any other thing done by said
town under the authority of this act ; said damages to
be based and proportioned in case of the taking of
water or water rights upon the amount of water taken as
aforesaid. Any person or corporation sustaining damages
as aforesaid under this act, who fails to agree with said
town as to the amount of damages sustained, may have
the damages assessed and determined in the manner pro-
vided by law when land is taken for the laying out of
highways, on application at any time within, three years
from the time when the water is actually withdrawn or
diverted, and not thereafter. No application for the
assessment of damages shall be made for the taking of any
water, water right, or for any injury thereto, until the

1884. — Chapter 201. 173

water is actually withdravvu or diverted by said town
under the authority of this act.

Section 8. Said town of Concord, for the purposes May borrow

, . .1.1 p J.' xi.' V, money and Issue

herein authorized, may from time to time borrow money bonds, etc.
and issue notes, bonds or scrip therefor to an amount not
exceeding fifty thousand dollars in addition to the amount
already authorized by law in the manner and under the
restrictions provided by section four of chapter one hun-
dred and eighty-eight of the acts of the year eighteen hun-
dred and seventy-two.

Section 9. The board of water commissioners of said ^n'gr8To°hTve
town of Concord shall execute, superintend and direct the charge of works.
performance of all the works, matters and things men-
tioned in this act and exercise all the rights, powers and
privileges hereby granted to said town and not otherwise
specifically provided for herein, subject to the vote of said
town. The provisions of sections seven, eight, nine and
ten of chapter one hundred and eighty-eight ot the acts of
the year eighteen hundred and seventy-two shall apply to
this act as if inserted herein.

Section 10. Nothing contained in this act shall pre- Acton and lu-
vent the town of Acton nor the town of Littleton from ve\te"dfrom'^^"
taking the waters of said Nagog Pond whenever said towns Nagol PonT "^
or either of them may require the same for similar pur-
poses, and in case of such taking by either of said towns
or both of them, if from any reason the supply of water in
said pond shall not be more than sufficient for the needs of
the inhabitants of the towns of Acton and Littleton, then
the needs of the inhabitants of said towns shall be first
supplied ; and if either of said towns of Acton or Little- if water is tak-
ton shall hereafter be authorized to take and shall take the Just pTopVtion'^
waters of said Nagog Pond or any part thereof which the °^ 'damages.
town of Concord may have taken under this act, said town
so taking shall pay to said Concord a just and proportion-
ate part of whatever sums the said town of Concord shall
have paid or become liable to pay for water damages to
any persons or corporations for the taking of water rights
from said pond or the outlet thereof, to be ascertained, if
the parties shall fail to agree, by three commissioners to
be appointed upon the application of either party by the
supreme judicial court ; the report of said commissioners
made after hearing the parties, and returned to and ac-
cepted by said court shall be final between the said
parties.

174

1884 — Chapter 202.

Commonwealth
may take water
from Nagog
Pond.

Contract be-
tween Concord
and the Com-
monwealth.

Subject to ac-
ceptance by
town of Concord
within one year.

Section 11. The Commonwealth of Massachusetts
shall have the right to take from said Nagog Pond, for use
in buildings owned by said Commonwealth in the town of
Concord, an amount of water not exceeding two hundred
thousand gallons per day, and the said right is hereby re-
served. If the said Commonwealth shall take from said
pond its waters, or any part thereof, which the town of
Concord may have taken under this act, otherwise than
by contract with said town of Concord, the said Common-
wealth shall pay to said town of Concord a just and
proportionate part of whatever sums the said town of
Concord shall have paid or become liable to pay for water
damages to any persons or corporations for the taking of
water rights from said pond or the outlet thereof, to be
ascertained and determined as is provided for in section
ten of this act. But if upon the expiration of the contract
made on the first day of October in the year eighteen hun-
dred and eighty-three between the said town of Concord
and said Commonwealth to provide for the delivery of
water from the Concord water works for use within the
walls of the state prison, said town of Concord by its
water commissioners shall renew said contract for five
years on the terms named therein, or shall tender to the
governor of the Commonwealth a renewal of said contract
for five years on the terms named therein, with the option
upon the part of said Commonwealth of a further renewal
for a term of twent}'^ years upon said terms, then the
right of said Commonwealth herein provided for shall
cease.

Section 12. This act shall take effect upon its passage,
but shall become void unless it is accepted by a vote of
said town of Concord at a legal meeting held for the pur-
pose within one year from its passage.

Approved April 30, 1S84.

Cha:p.20^

Corporators.

An Act to incorporate the highland congregational church

in lowell.

Be it enacted, etc., as follows:

Section 1. James G. Buttrick, William [L. Davis,
Cyrus B. Emerson, John T. Carter, Hamden Spiller,
Lucy R. Carter, Almira Sturtevant, Clara S. Spiller
and all other members of the Highland Cong^regational
Church in Lowell, and their successors as members of said

1884. — Chapters 203, 204, 205. 175

church, are hereby made a corporation with all the powers Powers and du-
and privileges and subject to all the duties, restrictions ^'^*'
and liabilities set forth in all general laws which now are
or hereafter may be in force applicable to religious socie-
ties.

Section 2. Said corporation shall be called the High- Name,
land Couo;regational Church.

Section 3. Said corporation may hold real and per- Real and per-

,,,, .. 3' hca. A.y 1 sonal estate.

sonal estate to an amount not exceeduig nrty tnousanu
dollars, for parochial and religious purposes.

Section 4. This act shall take effect upon its passage.

Approved April 30, 1884.

An Act relative to the appointment of receivers of cor-
porations.

Be it enacted, etc., as follows:

Section 1. Section forty-two of chapter one hundred Appointment of

-.^ ., -r»iT 1 I'j ji • receivers upon

and nve oi the l^ublic Statutes, relative to the appomt- expiration of
ment of receivers of corporations, is hereby amended by ^°''p°'*''°"-
striking out in the tifth line thereof the words, " at any
time within said three years."

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

Cha2J.20S

Chap,204:

An act relating to the compensation of the clerk of the
fourth district court of plymouth.

Be it enacted, etc., as follows :

Section 1 . The clerk of- the fourth district court of saiary and trav-

T-«i 1111 • ITS- \ • I !• I elling expenses

riymouth shall receive, in addition to his salary, his travel- of cierk.
ling expenses necessarily incurred in discharge of the
duties of his office, not exceeding one hundred dollars per
year, to be audited and allowed by the county commis-
sioners of said county.

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

An Act relating to the compensation of the special jus- (JJiCtT). 205

TICES of the district court of HAMPSHIRE.

Be it enacted, etc., as follows :

Section 1. The special justices of the district court of Travelling ex-
Hampshire shall be allowed their travelling expenses nee- paid,
essarily incurred when holding sessions of said court out
of the places where they respectively reside, not exceed-

176 1884. — Chapters 206, 207, 208.

ing one hundred dollars per year each, to be audited and
allowed by the county commissioners of said county.
Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

{JJian.^OQ ^N ^^'^ ^^ ADDITION TO AN ACT CONCERNING BEACHES IN THE

TOAVN OF SWAMPSCOTT.

Be it enacted, etc., as follows :
Sand, gravel, SECTION 1. Chapter two hundred and seventeen of

Temovedwith- the acts of thc year eighteen hundred and fifty-six, con-
of*8erecTmen?" ccming bcachcs in the town of Swampscott, is hereby so
amended that all the provisions of said act shall apply to
Phillips Beach, so called, in said town, extending from
Phillips Point northerly to the line of the town of Marble-
head, in the same manner as to the beaches named in said
act.

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

ChaV-'^Ol ^'^ ^^'^ RELATING TO THE ANNUAL REPORT OF THE AUDITOR OF

ACCOUNTS.

Be it enacted, etc., as follows:

Report of the Section 1. Ou or beforc thc thirtieth day of January

count°^° '"^' in each year the auditor of accounts shall submit in print
or otherwise, to the general court, an abstract of his re-
port for the early use of the legislature, exhibiting a full
and accurate statement of the financial condition of the
Commonwealth, and of the pecuniary transactions thereof,
during the year ending on the last day of the preceding
month. And his report in detail shall be submitted in
print as soon thereafter as may be.

p. S.16, §7, Section 2. Section seven of chapter sixteen of the

repe e . PubHc Statutcs is hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved April 30, 1884.

Ch(lV''2iOS -^^ -^CT TO ESTABLISH THE SALARY OF THE JUSTICE OF THE FIRST
DISTRICT COURT OF EASTERN WORCESTER.

Be it enacted, etc., as follows:
Salary estab. SECTION 1. The anuual Salary of the justice of the

hshed. g^^^ district court of Eastern Worcester shall be one

thousand dollars.

1884. — Chapters 209, 210, 211, 212. 177

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

An Act in relation to the compensation of the sheriff of (Jfi(l'p.'2t09

THE county of DUKES COUNTY.

Be it enacted, etc., as follows:

Section 1. The sheriff of the county of Dukes County May retain fees
may retain to his own use, in addition to his salary, the servrJe of proc-
fees accruing from the service of processes from and after ^^^'
the first day of January in the current year.

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

Chap.210

An Act in relation to the better protection of children.

Be it enacted, etc., as follows. •

Section 1. Section four of chapter two hundred and Penalty for un-

r I /• 1 "1 1 1 T 1 reasonably neg-

seventy oi the acts or the year eighteen hundred and lecting to sup.
eighty-two is hereby amended so as to read as follows : chiiar'""'
— Whoever unreasonably neglects to provide for the sup-
port of his minor child shall be punished by fine not ex-
ceeding twenty dollars, or by imprisonment in the house
of correction not exceeding six months. All fines im-
posed under this section may in the discretion of the court
be paid in whole or in part to the town, city, corporation,
society or person actually supporting such minor child at
the time of making the complaint.

Section 2. This act shall take effect upon its passage.

Approved April 30, 1884.

An Act to establish the salary of the justice of the po- (JJiart.^W
lice court of brookline.

Be it enacted, etc., as follows :

Section 1. The annual salary of the justice of the po- salary of jus-
lice court of Brookline shall be one thousand dollars. *"'**

Section 2. This act shall take effect upon its passage.

Approved May 2, 1884.

Chap.212

An Act for the better protection of lobsters.
Be it enacted, etc., as folloios :

Section 1. Section eighty-four of chapter ninety-one Lobsters less
of the Public Statutes is amended so as to read as follows : oneVai? tnclies
— Whoever sells or offers for sale, or has in his possession, jjVsTworhaV
a lobster less than ten and one-half inches in length, in possession.

178 1884.— Chapters 213, 214.

measuring from one extreme of the body extended to the
olher, exclusive of claws or feelers, shall forfeit five dol-
lars for every such lobster ; and in all prosecutions under
this section the possession of any lobster not of the re-
quired length shall be prima facie evidence to convict.
Mutilation af- SECTION 2. Any mutilation of a lobster affecting its
prima faHeeW measurement shall be prima facie evidence that the lobster
dence, etc. j^ j^g^ x\^Q.n tcu and one-half inches in length.
<3omrai8sioner8 SECTION 3. The commissioucrs of inland fisheries

of inland fisher- ii.i .1 ^ n ji •• c

ies to enforce the shall havc the saffic powers to enforce the provisions or
'*^" this act as they have to enforce all laws regulating inland

fisheries given them by section three of chapter ninety-
one of the Public Statutes.
District police SECTION 4. The govcmor may, at the written request

may be detailed, ^,, .. "., ■\ f , • •.! />,i

etc. ot the commissioners on inland nsheries, or either oi them,

detail one or more of the district police, from any district
or town he may see fit, to enforce the provisions of this
act throughout the Commonwealth.

re ^ea^ed^ ^^' °°* SECTION 5. Nothing herein contained shall be so con-
strued as to repeal any part of section eighty-three of
chapter ninety-one of the Public Statutes.

Approved May 2, 1884.

>.213 ^^ ^^"^ RELATING TO THE EMPLOYMENT OF PILOTS ON BOARD
WHALING VESSELS OUTWARD BOUND FROM THE PORT OF NEW
BEDFORD.

Be it enacted, etc. , as folloivs :
Whaling vessels SECTION 1. Whaling vcsscls outward bound from the
SotTequired to port of Ncw Bedford shall be exempt from the provisions
employ a pilot. ^^ gectiou tweuty-sevcn of chapter seventy of the Public

Statutes relating to the employment of pilots.
To take effect SECTION 2. This act shall take effect on the first day

of August in the year eighteen hundred and eighty-four.

Approved May 5, 1884.

Chajp.

Aug. 1, 1884.

OAa7?.214 "^N Act TO INCORPORATE THE BRANDT ISLAND CLUB.

Be it enacted., etc., as follows:
Brandt Island Section 1. Johu S. Loomis, Gco. V. Brower, Alfred
ted. '"'^"'■P''''^' wr^ Booth, Charles S. Belford and Thomas Stratton, their
associates and successors, are hereby made a corporation
on Brandt Island in the town of Mattapoisett, by the
name of Brandt Island Club, for the purpose of erecting
on said island houses and other buildings for residence,

1884. — Chapter 21 5. 179

and improving and beautifying said island and such prem-
ises as they may hereafter acquire contiguous thereto,
and for the propagation of shell and other fish ; with all
the powers and privileges, and subject to the duties, lia-
bilities and restrictions which now are or may be in force
relating to such corporations.

Section 2. Seining or taking of fish by any other Fishing with
method than with hook and line within fifty rods of said ^^"^ '»"'^ "^e-
island, or the taking and carrying away of shell fish with- sheii Ash.
in fifty rods of said island, without the written consent of
the selectmen of the town of Mattapoisett, is prohibited,
under a forfeiture for each offence of a sum not exceeding
twenty dollars and not less than five dollars, to be recov-
ered in any court proper to try the same.

Section 3. Said corporation may hold real and per- Real and per-
sonal estate to the amount of fifty thousand dollars, and capfta^^sto'ckf"**
mortgage and sell the same ; and the whole capital stock
of said corporation shall not exceed fifty thousand dollars,
divided into shares of one hundred dollars each : provided^
that said corporation shall incur no liabilities until an
amount equal to fifty per cent, thereof is subscribed and
paid in in cash. Aj)proved May 5, 1884.

An Act to establish the first district court of northern nj^ri^ 01 /?

WORCESTER. -^ '

Be it enacted, etc. , as follows :

Section 1. The towns of Athol, Petersham, Phillips- First district
ton, Royalston, Templeton, Gardner and Hubbardston ern worcfste?'
shall constitute a judicial district under the jurisdiction of
a court to be called the First District Court of Northern
Worcester. Said court shall be held in the towns of
Athol and Gardner, and shall have a clerk.

Section 2. There shall be one justice and two special one justice and

. . I. • 1 11 • 1 • • Till ^'^^ special jus-

justices of said court, and the said justices and the clerk tices.
herein provided for shall be appointed in the manner and
with the tenure of ofiice respectively provided in the case
of justices and clerks of other police and district courts.
All the provisions of law applicable in common to police
and district courts shall be applicable to said court.

Section 3. The said court shall be held daily except sessions of the
on Sundays and legal holidays for criminal business, on and^r^minai'^
Mondays, Wednesdays and Fridays at Gardner, and ^"8'n«8»-
Tuesdays, Thursdays and Saturdays at Athol; and return

180 1884. — Chapter 216.

Return days for (Jays foF writs in civil actioiis therein shall be at Gardner
on the first and third Wednesdays and at Athol on the
second and fourth Thursdays of each month. Two or
more sessions of said court may be held in either or both
of said towns at the same time, the fact being stated upon
the record. Said court may adjourn from one to the
other of said towns whenever the public convenience may
seem to the justice presiding therein to render such ad-
journment expedient, and when no justice is present the
court may be so adjourned by the sheriff of Worcester
county or either of his deputies.
Salaries of jus- SECTION 4. The justicc of Said court shall receive from
the county of Worcester an annual salary of twelve hun-
dred dollars, and the clerk thereof an annual salary of six
hundred dollars.
Writ may run SECTION 5. When OHC of scvcral defendants resides
wheiToneoT^sev^ within Said dlstrict the writ issued by said court may run
residlfin"!^"^^ i^to any county and be served on the other defendant or
*^'''°'- defendants fourteen days at least before its return day, in

like manner as if issued by the superior court.
Proceedings du- SECTION 6. All proceedings duly commenced before

ly commenced to i«i« i- /• • •> ^,^ • ■ i t , • ^

be prosecuted any trial justice tor said county within said district, or
and determined. |jgj(j^.g gj^y police, district or municipal court before this

act takes full effect shall be prosecuted and determined as

if this act had not been passed.
To taise full ef- SECTION 7. This act shall take effect, so far as relates

feet July 1, 1884. . . ... , ,.^ . .i • i-

to appointing, commissioning and qualifying the justice,
special justices and clerk of said court on its passage, and
shall take full effect on the first day of July next.

Approved May 6, 1884.

Ch(inJ2i\Q ^^ ^^'^ "^^ CHANGE THE NAME OF THE WASHBURN IRON COMPANY.

Be it enacted, etc., as follows :
Name changed SECTION 1. The Washbum Irou Company incorpo-

to Worcester nii . • /.i n • t i

Steelworks, rated by chapter thirty-nine of the acts oi eighteen hun-
dred and sixty-four shall hereafter be known as the Wor-
cester Steel Works.

jui*m\884''* Section 2. This act shall take effect on the first day
of July eighteen hundred and eighty-four.

Approved May 6, 1884.

1884 — Chapters 217, 218, 219, 220. 181

An Act to fix the time of filing the annual statements of QJiap.217

INSURANCE COMPANIES.

Be it enacted, etc., as follows:

The annual statements of insurance companies doing Time of filing
business in this Commonwealth, which are now required mentsonnsur-
to be filed before the fifteenth day of January may in cases »"<=« "^o^P^^'es.
where good cause is shown be filed within a date not
later than February fifteenth by the consent of the insur-
ance commissioner. Approved May 8, 1S84.

An Act to confirm the proceedings of the last annual C'^ajO.218

TOWN meeting of THE TOWN OF OTIS.

Be it enacted, etc., as follows:

Section 1. The proceedings of the annual town meet- Proceedings at
ing of the town of Otis, held on the first Monday of March mming"con?'^°
in the year eighteen hundred eighty-four, shall not be ^'■™®'^-
invalid for the reason that the tellers appointed to aid in
checking the names of voters and in assorting and count-
ing the votes were not sworn ; and the election of the
town ofiicers at said meeting is ratified and confirmed.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

An Act relating to divorce in cases of long and unex- C%tt».219
plained absence of the libellee.
Be it enacted, etc., asfolloivs:

Section 1. A divorce from the bond of matrimony Divorce for any
may be decreed for any of the causes allowed by law not- withstanding
withstanding the fact that the libellee has been continu- ofiibeiiee^a?"''*
ously absent for such a period of time and under such ^mption^of^"'
circumstances as would raise a presumption of death. death.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

An Act to establish the salary of the justice of the first (J]iap.'2i^0

district court of BRISTOL, HOLDING COURT IN ATTLEBOROUGH.

Be it enacted, etc.y as follows:

Section 1. The justice of the first district court of salary of jus-
Bristol, who holds sessions of that court in Attleborough
under the provisions of chapter one hundred and eighty-
nine of the acts of eighteen hundred seventy-seven, shall
be paid at the rate of eight hundred dollars a year.

Section 2, This act shall take effect upon its passage.

Ap2^)roved May 8, 1884.

182 1884. — Chapter 221.

C%a2?.221 An Act to establish and incorporate the masonic education

AND charity trust.

Be it enacted^ etc., as follows:

b^a^dof'trastees Section ]. The Corporation known as the Master,
to have charge Wardens and Members of the Grand Lodge of Masons in
Massachusetts, established by chapter seventy-three of the
acts of the year eighteen hundred and fifty-nine, shall
have authority to institute a board of trustees, as herein-
after provided, to receive, hold, invest, re-invest and man-
age all gifts, devises and bequests made either to said
board or to the grand lodge upon trusts for educational or
charitable purposes and relief connected with the families
of deceased or living members of said grand lodge and its
subordinate organizations, or for the relief of distressed free-
masons, their widows or orphans, of this or other states or
countries, and also for the promotion of its library and col-
lections relating to art, architecture and antiquities ; and it
may also accept and hold intrust such funds as the said grand
lodge may from time to time give to it upon specific trusts
for any of the above named charitable or educational uses :
Funds and prop. ^rov2'c?ec/, kowevei', that the whole amount of funds and
ceed $1,000,000. property so held shall not exceed one million dollars.
TrueteeR to be- SECTION 2. When Said board of trustees have been

come a corpora- , iiini -tii- -i

tion undername elected and shall havc organized by electmg a president,

of the Masonic , -, . xi i i i ii ^ -j.

Education and treasurer and secretary, the board shall report its organi-
charity Trust, nation to the grand lodge, and the master thereof shall re-
port the same to the secretary of the Commonwealth,
under the seal of the grand lodge attested by the grand
secretary, and thereupon said board shall be a corporation
by the name of the Masonic Education and Charity Trust,
with the same powers and subject to the same restrictions
and liabilities as provided by general laws relating to cor-
porations for similar purposes, but shall have none of the
powers described in sections eight, nine and eleven of
chapter one hundred fifteen of the Public Statutes.
Trustees to hold SECTION 3. The Siiid grand lodge shall elect eight

oflSce for eight i 1 1 i i i • i /■ p

years. trustccs who shall hold respectively for terms of one, two,

three, four, five, six, seven and eight years from the first
day of January in the current year, and thereafter shall
elect one trustee annually to hold for eight years, and may
fill any vacancy that shall arise by death, resignation or
removal by the board of any member for infirmity, neglect
or other sufficient cause. A trustee may hold over after

1884. — Chapter 222. 183

his term expires till his successor has been elected and
accepted. If after four months from the expiration of the vacancy.
term or the occasion of a vacancy no election of a suc-
cessor has been so made, the board of trustees may elect
a trustee, who shall be a member of the grand lodge
aforesaid, to fill the unexpired term. The grand master
for the time being shall be a member of the board. Five
of said trustees shall not at the same time hold the office
of trustee and any other elected or appointed office in the
grand lodge.

Section 4. No loan shall be made of the trust funds No loan of trust

. , /•>iii 111 II funds to be made

to any member oi the board, nor shall any member be to any member
surety for such loan. The trustees shall annually report Innuai Reports
the condition and investment of all the funds entrusted to g°andiodgL?*^*
them, to the said master, wardens and members of the
grand lodge, whose directors shall cause the accounts of
the said board to be examined at least once a year and
oftener should they deem it necessary, and certify the
result. Approved May 8, 1884.

An Act requiring railroad companies to use safety couplers (JJi(ip.'2i2i2i

ON FREIGHT CARS.

Be it enacted, etc., as follows:

Section 1. Every railroad company operating a rail- safety couplers

.-» • i*/i ,,to be used on

road or any portion o± a railroad, wholly or partly within freight cars.
the state, shall place upon every freight car hereafter
constructed or purchased by such corporation, and upon
every freight car owned by such corporation, of which
the coupler or drawbar is repaired by it, with intent to
use such car, such forms or form of automatic or other
safety coupler at each end thereof as the board of railroad
commissioners may prescribe after examination and test of
the same, and the railroad commissioners may annul any
recommendation made by them.

Section 2. The provisions of this act may be enforced brenfo?ced'by^
by the supreme judicial court on application of the attor- s. j. c.
ney-general.

Section 3. So much of this act as relates to the ex- J^g^j^j^f"^!, i
amination and test shall take effect on its passage, and the isss.
same shall take full effect on the first day of March next.

Approved May 8, 1884.

184

1884. — Chapters 223, 224, 225.

C^a/?.223

Certain hotels,
etc., not re-
quired to main-
tain more than
one watchman.

Provisions to
apply to family
hotels.

An Act relating to safety appliances in hotels and public

buildings.
Be it enacted^ etc., as follows:

Section 1. All hotels, boarding and lodging houses,
subject to the provisions of chapter two hundred and fifty-
one of the acts of the year eighteen hundred eighty-three,
adopting a system of electric watch-clocks, that shall
register at the office the movements of the watchman
throughout the house, or adopting in the rooms any sys-
tem of thermostats, or fire-alarm bells that shall be approved
by the inspector of factories and public buildings, or in
the city of Boston by the inspector of buildings, shall be
exempt from maintaining more than one watchman, in
addition to the regular night clerk and porters.

Section 2. The provisions of this act and of said
chapter two hundred and fifty-one of the acts of the year
eighteen hundred and eighty-three shall apply to family
hotels.

Section 3. This act shall take effect upon its passage.

Approved May S, 1884.

May raise
money to aid in
construction of
railroad.

Subject to a
two-thirds vote
of the town.

C'A«/?.224 An Act to authorize the town of Bedford to aid the ex-
tension OF the boston and LOWELL RAILROAD.

Be it enacted, etc. , as follmos :

Section 1. The town of Bedford is hereby authorized
to raise by taxation or otherwise a sum of money not to
exceed two thousand dollars, and to pay the same to the
Boston and Lowell Railroad Corporation as a contribution
in aid of the construction of the extension of the railroad
of said corporation through said town ; provided, that the
inhabitants of said town, at a meeting duly called for that
purpose, by vote of two-thirds of the legal voters present
and voting thereon, shall vote to make such contribution.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

Ch(ip.225 An Act to authorize the town of billerica to aid the ex-
tension OF the boston and LOWELL RAILROAD.

Be it enacted, etc. , as follows :

May raise SECTION 1. Thc towu of Billcrica is hereby authorized

instruction of" to raisc by taxation or otherwise a sum of money not to

railroad. excccd forty thousand dollars and to pay the same to the

Boston and Lowell Railroad Corporation as a contribution

1884 — Chapters 226, 227. 185

in aid of the construction of the extension of the railroad
of said corporation through said town : provided, the in- subjectto a two-
habitants of said town, at a meeting duly called for that lKwn!^°^
purpose, shall, by a vote of two-thirds of the legal voters
present and voting thereon, vote to make such contribu-
tion.

Section 2. This act shall take effect upon its passage.

AppQ'oved May 8, 1884.

An Act in relation to betterments for locating, laying out (J}i(X7).^'2t^

AND constructing STREETS, WAYS AND PUBLIC PARKS.

Be it enacted, etc., as follows. ■

Section 1. Whenever the authorities empowered to when land is
locate, lay out or construct streets, ways or public parks or parkTauthor!
in a city or town, shall take by purchase or otherwise any iot*g^me'*lnr
land therefor, such authorities may make an agreement assessed upon
in writing with the owner of such land that the city or owner's lands.
town shall assume any betterments assessed upon the re-
mainder of such owner's lands or any portion thereof, for
such location, laying out and construction, and such
agreement shall be binding on such city or town : provided, owner to re-
such owner shall, on such terms as may be agreed upon aTmagls!'"* °'^
with said authorities, release to the city or town all claims
for damages on account of locating, laying out and con-
structing ."^uch street, way or park.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

Chap.221

An Act to authorize the trustees of the sigma phi society
of williams college to hold additional real and personal
estate.

3e it enacted, etc., as follows:

Section 1. The trustees of the Sigma Phi Society of M»y J^oid addj-

-IX7-11- /-> 11 • 111 111 tional real and

Williams L/Ollege, incorporated by chapter one hundred personal estate.
and thirty-five of the acts of eighteen hundred and sev-
enty-three, may for the purposes authorized by its charter
hold real and personal estate to an amount not exceeding
sixty thousand dollars, which shall not be exempt from
taxation.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

186 1884. — Chapters 228, 229, 230.

Ch(ip,22S An Act making appropriations for the completion of the

DOUBLE TRACKING OF THE TROT AND GREENFIELD RAILROAD.

Be it enacted, etc., as follows :

?fThiTro?iSd Section 1. /The sum of sixty-six thousand dollars is

Greenfield Rail, hereby appropriated, to be paid out of the treasury of the

Commonwealth, and expended under the direction of the

governor and council in completing the double tracking

of the Troy and Greenfield Railroad.

Section 2. This act shall take effect upon its passage.

Approved May 8, 1884.

(JJiap.22Q ^^ ^^''^ RELATING TO THE TRANSFER OF STOCK IN CORPORATIONS.

Be it enacted, etc., as follows :
Transfer of The delivcrv of a stock certificate of a corporation to a

stock in corpo- r /j 7 1 11 . .

rations. ooua jiue purchascr or pledgee, tor value, together with

a written transfer of the same, or a written power of
attorney to sell, assign and transfer the same, signed by
the owner of the certificate, shall be a sufficient delivery
to transfer the title as against all parties ; but no such transfer
shall affect the right of the corporation to pay any divi-
dend due upon the stock, or to treat the holder of record
as the holder in fact, until such transfer is recorded upon
the books of the corporation, or a new certificate is issued
to the person to whom it has been so transferred.

Approved May 9, 1884.

Ch(ip.2S0 A^ ^^^ CONCERNING THE VOLUNTEER MILITIA.

Be it enacted, etc., as follows :

Volunteer mill- Section 1. lu tlmc of pcacc the voluntccr militia shal I
consist of not more than sixty companies of infantry, three
companies of cavalry, three batteries of light artillery of
four guns each, two corps of cadets and two signal corps.

Two brigades. SECTION 2. The commauder-in-chicf shall arrange the
artillery, infantry and cavalry into regiments, battalions
and, when necessary, unattached companies, and not more

Six regiments of than two brigades. There shall be not more than six

infantry. rcglmcuts of infantry, one regiment or more of which

at the discretion of the governor shall be trained,
instructed and exercised in the manual and drill of heavy
artillery.

Brigadier-gen- Section 3. To cach brigade there shall be one briga-

eral and com- .. ,, n' t it • /• ' j.

missioned staff dier-gcneral, whose staii shall consist oi one assistant
adjutant-general, one medical director, each with the rank

1884.— Chapter 230. 187

of lieutenant - colonel ; one assistant inspector-general,
with rank of major, who shall be paymaster and muster-
ing officer for unattached companies of such brigade ; one
brigade quartermaster, one engineer, one judge-advocale,
one provost marshal and two aids-de-carap, each with the
rank of captain. There shall also be allowed to each Noncommis-
brigade the following non-commissioned staff officers ; viz., officers.
one brigade sergeant-major, one brigade quartermaster-
sergeant, one brigade hospital steward, one brigade pro-
vost-sergeant, one brigade bugler, one brigade color-
bearer and two brigade sergeant clerks, and a signal corps
to consist of one first lieutenant, one first sergeant, four
sergeants and twenty privates. The first lieutenant shall
be appointed and the men enlisted, mustered, and non-
commissioned officers warranted by brigade commanders.

Section 4. The commander of a regiment, separate Band of musi-
battalion, corps of cadets or unattached company, may cJ!Ttw°enty-^^"
employ or raise by enlistment a band of musicians, not to *^°"''"' ""™^"-
exceed twenty-four in number, to be under his direction
and command. Such musicians while on duty shall be
subject to all the laws and regulations for the government
of the militia, except that they need not be mustered in as
prescribed for enlisted men.

Section 5. The following officers and soldiers, and ^"^Tln."'*''^"^
none other, are entitled to be mounted ; every general,
field and staff officer, every officer of cavalry, artillery and
signal corps, every brigade, cavalry and artillery mm-
commissioned staff officer, every enlisted man of cavalry,
and the sergeants, the guidon corporal and buglers of
light artillery ; one horse only shall be allowed to each of
the above mentioned officers and soldiers ; and there shall
be allowed thirty-two draught horses to each battery of
light artillery of four guns ; to each battery of light artil-
lery of more than four guns there shall be allowed for
each additional gun eight draught horses. No horses shall
be allowed for members of bands except by special orders
of the commander-in-chief.

Section 6. All staff officers of the militia shall be Appointment^
appointed as hereinafter provided, and commissioned byofficere.^*
the commander-in-chief, on the request of the several
appointing officers, provided that such appointees be eligi-
ble, and no judge-advocate shall be commissioned unless
he be a justice of the peace and a member of the Massa-
chusetts bar. The staff of the commander-in-chief shall

188

1884 — Chapter 230.

Recruiting offi-
■cers.

OflScere to ap-
pear before an
examining
board.

Kedical officers
to appear before
an examining
board.

Officer failing to
pass examina-
tion to be dis-
charged.

Discharge of
-enlisted men.

be appointed by him ; the staff of a brigade, by the briga-
dier-general commanding ; the staff of a regiment, sepa-
rate battalion, corps of cadets or unattached company, by
the permanent commander thereof.

Section 7. Captains shall be the recruiting officers
for their companies, and in case of vacancy the command-
ing officers of regiments or battalions may order some
officer to perform that duty until such vacancy is filled.
The commanding officers of brigades, regiments and sepa-
rate battalions shall be the recruiting officers for their
respective non-commissioned staffs, the commanding
officers of corps of cadets for their respective corps, and
such persons as the commander-in-chief may appoint for
new companies under section twenty-four until a captain
shall have been elected or appointed to such company.

Section 8. Every commissioned officer except the
staff officers of the commander-in-chief, medical officers
and chaplains shall, upon being notified as provided in
section forty- three, appear before an examining board to
consist of the judge-advocate-general and two other officers
to be designated by the commander-in-chief. The board
shall examine the said officer as to his military and
general qualifications, and administer to him the oaths as pre-
scribed in section fifty-five of chapter fourteen of the Pub-
lic Statutes. If in their opinion such officer is competent,
the fact shall be certified to the commander-in-chief, who
shall issue his order announcing the result of such exam-
ination. Medical officers shall appear before an examin-
ing board to consist of three medical officers, which board
shall certify to the competency of such officer and admin-
ister the oath as prescribed for other commissioned officers.
Any officer who fails to appear before the board of exam-
iners within sixty days from the date of his election or
appointment, or who fails to pass a satisfactory examination
before said board, shall be forthwith discharged by the
commander-in-chief.

Section 9. An officer who fails to pass the board of
examiners or fails to appear before said board, as provided
in section eight of this act, and any officer who may at any
time be ordered before said board of examiners and who
fails to pass, shall be discharged by the commander-in-
chief.

Section 10. No enlisted man shall be discharged be-
fore the expiration of his term of service, except by order

1884. — Chapter 230. 189

of the comaiander-in-chief, and for the following rea- Discharge of

" enlisted men.

sons ; —

To accept promotion by commission ;

Upon removal of residence from the state, or out of the
bounds of the command to which he belongs to so great a
distance that, in the opinion of his commanding oflScer, he
cannot properly perform his military duty ;

Upon disability, established by certificate of a medical
officer ;

Upon conviction of felony in a civil court ;

When the commander-in-chief approves the application
of two-thirds of the members of a company requesting the
discharge of a soldier thereof for being habitually trouble-
some, or of such character as to degrade the company ;

When in the opinion of the commander-in-chief the
interests of the service demand such discharge ;

Upon his own application approved by the commanding
officer of his company and by superior commanders ;

To carry out the sentence of a court-martial ;

Upon application of his company commander approved
by superior commanders.

Section 11. Every officer, non-commissioned officer Military prop-
and soldier shall return immediately to the armory, or ?eturn°ed'to
other place of deposit, each article of military property of a'"'»o«'y-
the Commonwealth issued to and received by him for use
in the military service, and the possession of any article of
such property by the person to whom it was issued, else-
where than in the armory or designated place of deposit,
shall be deemed and taken to he prima facie evidence of
embezzlement of such article of property by the person
to whom it was issued.

Section 12. Each regiment, separate battalion, corps Parades for
of cadets and unattached company of the volunteer militia
shall parade for drill one day in the months of May, June,
September or October at such time and place as the com-
mander-in-chief may designate. The inspector-general, inspector-gen-
his assistants or such other officers as the commander-in- aHii8°and^make
chief shall indicate, shall attend such drills and report ^^vovt.
upon the proficiency of the troops, such report to be made
to the commander-in-chief in writing within thirty days
from the date of such drill.

Section 13. The volunteer militia shall perform five camp duty.
consecutive days of camp duty in each year, and unless
the commander-in-chief prescribes the time, place and

190

1884. — Chapter 230.

Troops to be
reviewed and
exercised.

Inspector-gen-
eral to be
present and
tnake report.

No body of men
other than mili-
tia, etc., shall
associate them-
selves together
as a military
organization.

Or parade in
public with
arms without
license of the
governor.

Provisos.

manner of assembling the troops for that purpose, each
commander of brigade or corps of cadets shall annually
order an encampment of his command by brigade, regi-
ments or battalions at some time during the months of
June, July, August, September or October.

Section 14. At each encampment the troops shall be
I'eviewed and shall be thoroughly exercised in the routine
of camp duty. The inspector-general, and such assistants
as maybe detailed, shall be present at these encampments,
and the inspector-general shall report in regard to num-
bers, discipline and other matters affecting the character or
efficiency of the organizations ; such reports to be for-
warded to the commander-in-chief within thirty days from
date of encampment.

Section 15. No body of men whatsoever other than
the regularly organized corps of the militia, the troops of the
United States, the Ancient and Honorable Artillery Com-
pany, the Veteran Artillery Association of Newburyport,
the Veteran Cadet Association of Salem, the Veteran As-
sociation of the Independent Corps of Cadets of Boston,
and the Salem Light Infantry Veteran Association, the
Veteran Artillery Association of Amesbury and Salisbury,
shall associate themselves together as a military company
or organization ; or parade in public with arms in any city
or town in this Commonwealth, without the license of the
governor thereof, which may at any time be revoked ; and
all applications for such license must be approved by the
mayor and aldermen and selectmen of cities and towns in
which such organizations or associations may be located ;
nor shall any city or town raise or appropriate any money
toward arming, equipping, uniforming or in any way sup-
porting, sustaining or providing drill rooms or armories
for any such body of men : provided, that associations
wholly composed of soldiers honorably discharged from
the service of the United States may parade in public with
arms upon the reception of any regiments or companies of
soldiers returning from said service, and for the purpose
of escort duty at the burial of deceased soldiers, having
first obtained the written permission so to do of the mayor
and aldermen or selectmen of the cities or towns in which
they desire to parade ; imd provided further , that students
in educational institutions where military science is a pre-
scribed part of the course of instruction may, with the
consent of the governor, drill and parade with arms in

1884. — Chapter 230. 191

public under the superintendence of their teachers, and

provided further y that this section shall not be construed Proviso.

to prevent any organization heretofore authorized thereto

by law from parading with side arms.

Section 16. When regiments, battalions, corps of ^°formanc°e°of

cadets or companies establish in their constitutional arti- duty.

cles of agreement or by-laws the amounts which may be

collected as fines from officers and soldiers of the volunteer

militia for the non performance of duty, such fines shall

not exceed the amounts named as follows : —

For each day's absence from camp or from drill in May,

June, September or October, five dollars ;

For each day's absence from special duty when ordered

by the commander-in-chief or from any parade ordered by

the commanding officer of a regiment, battalion, corps of

cadets or unattached company, three dollars ;

For each absence from company or battalion drill, or

meeting of officers or non-commissioned officers ordered for

the purpose of instruction, or from an election, one dollar.

Money charged to an officer or soldier of the volunteer Money charged
militia under the provisions of chapter fourteen of the etc^tolbeT
Public Statutes and the by-laws of the organization of f^l]" '=«"""'"=^
which he is or may have been a member, shall constitute

a simple contract debt against him, and may be recovered
upon suit brought in the name of the officer commanding
such organization at the time of bringing the action, and
prosecuted in accordance with the law of this Common-
wealth for the recovery of such debts in any court of com-
petent jurisdiction ; want of consideration or the fact that
the defendant is or was a member of the same organiza-
tion as the plaintifi" shall not be defences in such suit, and
the prevailing party shall have his costs without regard to
the amount recovered. This remedy shall be in addition
to those named in section one hundred and forty of chap-
ter fourteen of the Public Statutes.

Section 17. Sections twenty-two, twenty-three, Repeal.
twenty-five, thirty, thirty-one, thirty-five, fifty-four,
fifty-nine, sixty-five, sixty-nine, seventy-eight, one hun-
dred and eight, one hundred and nine, one hundred and
eleven, one hundred and twenty-seven and one hundred
and fifty of chapter fourteen of the Public Statutes are
hereby repealed.

Section 18. This act shall take eflfect upon its passage.

Approved May 12, 1884.

192

1884. — Chaptees 231, 232.

CAft/?.231 An Act to establish the salary of the justice of the dis-
trict COURT OF southern BERKSHIRE, AND TO ABOLISH THE OF-
FICE OF CLERK OP SAID COURT.

Salary of
justice.

OfSce of clerk
abolished.

Be it enacted, etc., as follows :

Section 1. The justice of the district court of South-
ern Berkshire from and after the first day of May in the
year eighteen hundred eighty-four shall receive an an-
nual sahiry of twelve hundred dollars.

Section 2. The office of clerk of the district court of
Southern Berkshire is abolished.

Section 3. This act shall take effect upon its passage.

Approved May 13, 1884.

GhCip.'2i^^ -AJ^ Act CONCERNING CONTAGIOUS DISEASES AMONG CATTLE.

Be it enacted, etc., as follows:

Section 1. It shall be the duty of the cattle commis-
sioners to make inquiries and gather facts and statistics in
relation to the prevalence amons: the neat stock of this
state, of the disease known as abortion, the annual losses
caused thereby, and its effect on the healthfulness of milk
as an article of food.

Section 2. To ascertain the real character of the dis-
ease, its cause, and the best methods of its cure or pre-
vention, the commissioners may make or cause to be
made experiments, investigations and examinations, and
for this purpose shall have and exercise all the powers
conferred upon them in cases of contagious disease by the
provisions of section fourteen of chapter ninety of the
Public Statutes.

Section 3. The commissioners for the purpose of aid-
ing them in their investigations may kill any animal
affected with said disease, and such animal shall be paid
for as provided in section seventeen of chapter ninety of
the Public Statutes. Said commissioners shall make a
detailed statement in their annual report of their doings
under the provisions of this act.

Section 4. There shall be allowed and paid out of
the treasury a sum not exceeding two thousand dollars, to
be expended as may be necessary in carrying out the pro-
visions of this act.

Section 5. This act shall take effect upon its passage.

Approved May 13, 1884.

Cattle comtuia-
Bioners to
investigate
concerning a
disease among
cattle.

May make

experiments,

etc.

May kill .inimal
infected.

Allowance for
expenses.

1884. — Chapters 233, 234. 193

An Act to remedy defects in the corporate organization (7^«x).233

OF the GERMAN REFORMED CHURCH SOCIETY, AND TO CONFIRM
A DEED OF MORTGAGE.

Be it enacted^ etc., as follows:

Section 1. Louis B. Schwarz, John C. Lotz, John German Re-
C. Kochendorfer, Jerome Schneider, Frederick W.Luch- |;''eTe'ty.^or"gani-
terhand, Emanuel Fischer, John F. Werner, Martin ^^|i°'^.^""-
Trautmanu, Frederick Stursberg, their associates and
successors, are hereby dechired to be the corporators of
the German Reformed Church Society under chapter
twenty of the acts of the year eighteen hundred and forty-
two entitled "An Act to incorporate the German United
Evangelical Lutheran and Reformed Society," and chapter
two hundred and fifty-eight of the acts of the year eight-
een hundred and seventy-two entitled " An Act to change
the name of the German United Evangelical Lutheran and
Reformed Society, and to allow said society to hold real
and personal estate," and all acts in addition thereto or in
amendment thereof.

Section 2. The deed of mortgage executed by Louis Deed of mort.
B. Schwarz to the Home Savings Bank, dated the nine- ^^^' confirmed,
teeuth day of June in the year eighteen hundred and
seventy-one, and recorded in the Suffolk county registry
of deeds, libro ten hundred and sixty, folio two hundred
and sixty-two, is hereby confirmed and made valid in
all respects, and no person claiming thereunder shall
be affected by any trust by reason of said Schwarz
havins: at the date of said mortgage held the real estate
therein described or any part thereof, in trust for said
German Reformed Church Society or any other society
or organization.

Section 3. This act shall take effect when a certificate, when lo take
signed by five of the corporators of said German Reformed ®*^®''''
Church Society that this act has been accepted by said
society, has been acknowledged by one of the signers of
such certificate and recorded in said registry of deeds.

Approved 3Iay 13, 1884.

An Act concerning asylums for the chronic insane. (7Aai>.234
Be it enacted, etc., as follows:

Section 1. Any city having more than fifty thousand Asylums for the
inhabitants may establish and maintain therein one or may be estab-
more asylums for the care and treatment of the chronic of more^than^*

194

1884. — Chapter 235.

50,000 Inhabi-
tants.

Provisions of
P. S. 87, § 26, to
apply.

To be inspected
by board of
health, lunacy
and charity,
■who may
remove or trans-
fer inmates.

insane of such city and of any other city or town, and may
enact suitable ordniances concerning the maintenance,
management and government of such asylums, subject to
the provisions of this act. Every such asylum shall be
under the care of proper medical officers having experience
in the care of the insane.

Section 2. The provisions of section twenty-six of
chapter eighty-seven of the Public Statutes shall apply to
all asylums established under this act, and any such asy-
lum may receive insane persons committed according to
the provisions of said chapter by any court named in
section eleven thereof; but no insane person whose insan-
ity has existed for a less period than six months shall be
committed to said asylums nor retained therein except as
above provided.

Section 3. The state board of health, lunacy and char •
ity shall by themselves or their agent visit and inspect
every asylum established under this act, at least once in
every six months, and shall have power to remove or
transfer the inmates thereof in the same manner as they
now remove and transfer the iniriates of other hospitals or
asylums for the insane in this Commonwealth, and may
transfer and admit to said asylums patients supported by
cities and towns in the state hospitals or elsewhere : pro-
vided, that the managers of any asylum established under
this act may discharge any inmate when in their judgment
it is expedient to do so.

Section 4. This act shall take effect upon its passage.

Approved May 13, 1884.

Chap.235 An act to prevent discrimination by life insurance compa-
nies AGAINST persons OF COLOR.

Be it enacted, etc. , as folloivs :

Section 1. Xo life insurance company organized or
doing business within this Commonwealth shall make any
distinction or discrimination between white persons and
colored persons wholly or partially of African descent,
as to the premiums or rates chai'ged for policies upon the
lives of such persons ; nor shall any such company de-
mand or require greater premiums from such colored
persons than are at that time required by such company
from white persons of the same age, sex, general condition
of health and hope of longevity ; nor shall any such com-
pany make or require any rebate, diminution or discount

Managers may

discharge

inmates.

No discrimina-
tion to be made
in rates, etc.,
between white
persons and per
sons of color.

1884. — Chapter 236. 195

upon the sum to be paid on such policy in case of the
death of such colored person insured, nor insert in the
policy any condition, nor make any stipulation, whereby
such person insured shall bind himself or his heirs, exec-
utors, administrators and assigns to accept any sum less
than the full value or amount of such policy in case of a
claim accruing thereon by reason of the death of such
person insured, other than such as are imposed upon
white persons in similar cases ; and any such stipulation
or condition so made or inserted shall be void.

Section 2. Anv such company which shall refuse the certificate to be

,. • r- 1 1 T c • given by exam-

application of any such colored person tor insurance upon ining physician,
such person's life, shall furnish such person with the cer- uon foTi^nsur'
tificate of some regular examining physician of such com- ance is refused.
pany who has made examination of such person stating
that such person's application has been refused not because
such person is a person of color, but solely upon such
grounds of the general health and hope of longevity of
such person as would be applicable to white persons of
the same age and sex.

Section 3. Any corporation or the ofBcer or agent Penalty
of any corporation violating any of the provisions of this
act, either by demanding or receiving from such colored
person such different or greater premium, or by allowing
any discount or rebate upon the premiums paid or to be
paid by white persons of the same age, sex, general con-
dition of health and hope of longevity, or by making or
requiring any rebate, diminution or discount upon the
sum to be paid upon a policy in case of the death of
such Qolored person insured, or by failing to furnish
the certificate required by section second, shall for each
offence forfeit a sura not exceeding one hundred dollars.

Approved May 13, 1884.

An Act to provide for composition with creditors in Oh(ip.2SQ

INSOLVENCY.

Be it enacted, etc., as follows:

Section 1. Instead of proceeding as required by ex- composition in
isting laws relating to insolvency, an insolvent debtor may '"^^''^"''y-
proceed for a discharge from his debts in the manner and
on the terms and conditions herein prescribed.

Section 2. At any time after the filing of the petition After petition is
by or against the debtor, and the schedules required by aglinstthe
law, which schedules shall include the name and full post Jroposarfo"""

196

1884. — Chapter 236.

composition
may be filed.

Vroceediiigs
may be stayed
by the court,
and hearing
ordered.

Accounts and
papers of debtor
to be open to
examination by
creditors.

Examination of
debtor, etc.

Provisions of
P. S. 157, §§ 26-
VA and §§ :?3-39.

office address of every known creditor and a brief descrip-
tion of all the debts, the debtor may file a written proposal
for composition with his creditors, setting forth the
amount of the proposed dividend, which shall be payable
only in money, the time or times when the same shall be
payable, and the security to be given for such payments
60 far as deferred. No such proposal shall be considered
unless it conforms to these requirements, nor unless it
provides for payment in full of all debts and charges en-
titled by law to priority.

Section 3. If the allegations of the debtor's petition
appear to be true, or if a warrant has been issued thereon,
the court, upon filing of the proposal for composition, may
stay or suspend any process or proceeding which would
otherwise be required by law, and may make such orders
relating thereto, or to the custody of the debtor's estate,
as justice and the interests of the creditors may require ;
and shall order a hearing on such proposal as early as may
be, of which the register shall send notice by mail post
paid to all known creditors not less than seven days be-
fore the day appointed therefor, stating the substance of
the proposal.

Section 4. All books of account and papers of the
debtor relating to his estate shall until the final hearing on
confirmation of the composition be open at all reasonable
times to examination by any creditor or his agent, and the
court may enforce production thereof; and during such
period the debtor or any other person may be examined
i)y the court or by any creditor in the manner and under
the circumstances prescribed by section seventy of chapter
one hundred fifty-seven of the Public Statutes.

Section 5. The provisions of sections twenty-six to
thirty-one inclusive, and sections thirty-three to thirty-
nine inclusive, of said chapter, concerning debts and proof
of claims, shall apply to and be of force in composition
proceedings so far as they can be applied thereto ; and
in such proceedings, if no warrant has issued in the case,
reference shall be had to the time of the issue of notice of
the proposal instead of the first publication of notice of
issuing the warrant, and to the time of the adjourned
hearing on confirmation of the composition instead of the
making of the first dividend. But no assent, power of
attorney or proxy, executed before the first hearing, shall
be valid or of any force in the composition proceedings,

1884. — Chapter 236. 107

nor shall the proceedings be stayed or suspended on ac-
count of an appeal from the allowance or rejection of a
claim.

Section 6. The debtor shall be present at the hearing Debtoi toibe
and may then be examined by the court or by any creditor hearing imd may
touching his estate or his dealings therein, and all perti- ^''®^^"""*= •
nent evidence may be offered. At any time before the
hearing is closed the debtor may tile any modification of
his proposal more favorable to the creditors but not other-
wise, and such modified proposal shall thereafter be con-
sidered the proposal.

Section 7. The hearing shall then be adjourned not Hearing to bo

1-1 o iij adjournen.

less than seven days and notice thereof sent to all cred-
itors as before provided ; and if at or before such adjourn- written assent
ment the debtor shall file in court the written assent of a bemed'b°/the
majority in number and value of all his known creditors to 'Jebtor.
the proposal, if the same be for payment of not less than
fifty per centum to the general creditors, or if less than
fifty per centum, of three-fourths in number and value of
such creditors, the court shall proceed at the hearing, or
at a farther adjournment thereof, to determine whether
the composition shall be confirmed, and any creditor may
be heard thereon. Any matters which would prevent or
avoid a discharge in insolvency by existing laws may be
considered in ascertaining the expediency of confirming the
same, but not as an absolute bar thereto. If the only objec-
tion thereto relates to the security for deferred payments,
other or farther security may then be offered.

Section 8. In computing the proportion of creditors computation of
whose assent is necessary, all debts set out in the debtor's creditors°who8e
schedule of creditors shall be taken as existing for the ga^y^tVdrs!''^^'
amounts and to the extent that they would be provable in charge.
insolvency, except so far as varied by the proof thereof or
on hearing ; but the assent of no creditor shall be counted
unless and until he has proved his claim. Claims which
remain unliquidated at the close of the adjourned hearing
shall not be counted unless justice is found to require it.
No claim entitled to priority shall be counted, nor shall
any creditor whose claim is less than fifty dollars in amount
be counted in number.

Section 9. If the composition appears to have been ifcomposition
duly assented to, and to be consistent with justice and for counrfilii °'
the interests of the creditors, the court shall order the confime^.^^
same to be confirmed ; and bv the same order shall limit

198

1884.— Chapter 236.

Provisos.

DiBposition of
property, upon
discbarge
granted.

Case to proceed
in insolvency if
money and
securities are
not deposited in
court.

Money, etc., the
property of the
debtor to be
delivered to
assignee.

All other securi-
ties, etc., to be
disposed of as
justice may
require.

the time within which all moneys for cash payments and
all vouchers and securities for deferred payments shall be
deposited in court; and upon such deposit within the time
so limited therefor, the court shall grant to the debtor a
certificate of discharge from his debts, which shall be as
nearly as may be in the same form and which shall have
the same force and effect as though obtained by the other
proceedings in insolvency prescribed by existing laws :
provided, however, that tho same shall not be annulled for
any cause which was brought to the notice of the court on
the hearing for confirmation, or which was then known to
the creditor applying to have the same annulled ; 2i\\A pro-
vided further , that the same shall not bar the debt of any
creditor whose name was fraudulently and wilfully omitted
from the debtor's schedule of creditors. But the debt of
any creditor omitted therefrom only through mistake, or
want of knowledge, shall be barred, and he shall be enti-
tled to and ma}' recover against the debtor the amount of
the dividend to which he would have been entitled in the
composition proceedings.

Section 10. Upon the granting of the discharge, the
moneys, vouchers and securities deposited in couit shall
be paid and delivered by the register on demand to the
persons entitled thereto, and all other property of the debtor
shall revert to and be revested in him ; and the court may
order any necessary or proper release or reconveyance
thereof by any assignee or trustee to whom the same may
have been assigned or conveyed.

Section 11. If the money for the cash payments and
the vouchers and securities for deferred payments are not
deposited in court within the time limited by the order of
confirmation, the case shall proceed in insolvency ; and in
such event the register shall deliver to the assignee all
moneys and securities which are the property of the
debtor which shall have been deposited in court ; and all
other securities and vouchers which shall have been so de-
posited shall be returned by the register to the persons
who furnished or deposited the same or be otherwise
disposed of as justice may require. In such case the stay
or suspension of other proceedings by reason of the at-
tempted composition shall not work any forfeiture or
affect any rights, but the period of suspension shall be ex-
cluded in computing other periods of time prescribed by
the laws relating to insolvency.

188i. — Chapter 237. 199

Section 12. The court, except as herein otherwise court may aiiow

, ' t t n ii«j.i J amendments

expressly provided, may allow all just and proper amend- and make aii
ments and make all proper orders, in the course of the Proper orders.
proceedings or thereafter, necessary to carry the same
into full effect according to the terms and intent of this
act, and may enforce all such orders, summarily or other-
wise as justice may require, by any appropriate process.

Section 13. If an insolvent debtor shall knowingly penalty on
place upon his schedule of creditors any false or fictitious forVfcing^
debt with intent to deceive or defraud his creditors, or in Upon^JiheduL,
case of any person having to his knowledge proved or at- ^tc.
tempted to prove a false or fictitious debt against his es-
tate, shall fail to disclose the same to the court forthwith
upon notice or knowledge thereof, or shall make any pay-
ment or give or promise any advantage to any creditor
with intent thereby to procure his assent to a composition,
he shall be punished by imprisonment in the state prison
not exceeding five years or in the jail not exceeding two
years.

Section 14. If any creditor of an insolvent debtor Penalty on
shall knowingly prove any false or fictitious debt against proving ficti-
his estate, or shall receive or procure or attempt to pro- "°"«'^^^''-
cure any payment or advantage in consideration of his as-
sent to a composition, he shall be punished by imprison-
ment in the jail not exceeding two years or by fine not
exceeding one thousand dollars.

Section 15. This act shall not apply to corporations. Not to apply to

Section 16. This act shall take effect upon its passage. *=°'"p°''^''°"^-

Approved May 13, 1884.

An Act in relation to assessments for public improvements (J]iaj).2i^^
Be. it enacted, etc., as follows :

Section 1. All assessments on account of betterments Assessments to
and other public improvements which are a lien upon real
estate shall bear interest from the thirtieth day after assess-
ment, until paid.

Section 2. In case of any suit or other proceeding in case of suit, a

IT • ,• ,1 TTi. i. c u lien to continue

calling in question the validity or amount ot such assess- for one year
ment, the assessment shall continue to be a lien for one me"t.^°*' ^'^*^^'
year after final judgment in such suit or proceeding,
and may, with all costs and interest, be collected by vir-
tue of such lien in the same manner as provided for the
original assessment.

Section 3. This act shall take effect upon its passage.

Approved May 15, 1884.

200

1884. — Chapters 238, 239.

Ch(ip.2SS An Act to provide for the dissolution of the corporation

KNOWN AS the INHABITANTS OF THE FIRST PARISH IN TOWNSEND,
AND FOB THE DISPOSITION OF ITS PROPERTY.

Be it enacted, etc., as follows:
Corporators. Section 1. Jonathan Pierce, George S. Shaw, Albert

Turner, Sarah Farmer, Joshua Spaulding, Harriet J. l^eed,
Amanda M. Emery and Frances R. Taylor may associate
and become a corporation, in the manner prescribed by
general laws relating to religious societies, under the
name of the First Parish Religious Society of Townsend ;
and upon the organization of such corporation and its ac-
ceptance of this act, which acceptance shall be certified
to the secretary of the Commonwealth, the corporation
known as the Inhabitants of the First Parish in Townsend
shall l)e dissolved and all rights, privileges and property
heretofore vested in said corporation shall vest in such
new corporation notwithstanding the same might other-
wise escheat to the Commonwealth.

Section 2. Any person claiming to be aggrieved by
the provisions of this act may, at any time within one
year after its acceptance is so certified, apply by petition
to the superior court for the county of Middlesex for as-
sessment of his damages, and the same shall be assessed
and determined by and under the direction of said court
and shall be paid lay said First Parish Religious Society of
Townsend which shall have notice of the pendency of such
petition and may defend the same.

Section 3. This act shall take effect upon its passage.

Approved May 15, 1884.

(Jhap.^^^ An Act to change the name of the south church in ded-

HAM, AND TO AUTHORIZE IT TO HOLD ADDITIONAL REAL ANI>
PERSONAL ESTATE.

Be it enacted, etc., as follows :

Section 1. The name of the South Church in Ded-
ham, incorporated by chapter one of the acts of the year
eighteen hundred and twenty-four, is changed to the First
Congregational Church in Norwood.

Section 2. Said corporation may hold property, real
and personal, to the amount of twenty-five thousand dol-
lars for the purposes named in its act of incorporation.

Section 3. This act shall take effect upon its passage.

Approved May 15, 1884.

Name.

Inhabitants of
the First
Parish in
Townsend
dissolved upon
organization of
new corpora-
tion.

Person ag-
grieved may ap-
ply to superior
court for assess-
ment of dam-
ages.

Name changed
to the First Con-
gregational
Church in Nor-
wood.

Real and
personal estate.

1884. — Chapter 240. 201

An Act in addition to an act making appropriations for (7^ri».240'

EXPENSES AUTHORIZED THE PRESENT TEAR, AND FOR OTHER
PURPOSES.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes speci-
fied in certain acts and resolves of the present year, and
for other purposes, to wit : —

For the trustees of the state lunatic hospital at Taunton, Lunatic hospital
ten thousand two hundred and thirty dollars, as author- ''*
ized by chapter nineteen of the resolves of the present
year.

For the trustees of the Mount Holyoke female seminary, Mt. Hoiyoke
four hundred and fifty dollars and five cents, as authorized .wy.^*^"*'
by chapter twenty of the resolves of the present year.

For the erection of monuments on the battlefield at Monuments on
Gettysburg, Pennsylvania, by certain organizations, a elttysburg^, Pa.
sum not exceeding twelve thousand five hundred dollars,
as authorized by chapter twenty-four of the resolves of
the present year.

For Artemas Raymond, two hundred dollars, as author- vrtemasRay-
ized by chapter twenty-five of the resolves of the present ™°" "
year.

For Maria H. Sargent, three hundred dollars, as author- Marian, sar-
ized by chapter twenty-six of the resolves of the present ^^^^'
year.

For the town of Holden, thirty-four dollars, as author- Town of
ized by chapter twenty-seven of the resolves of the present
year.

For the disabled soldiers' employment bureau, eight Disabled
hundred dollars, as authorized by chapter twenty-eight of ploymenr
the resolves of the present year. bureau.

For the completion of the new buildings at the state state work-
workhouse at Bridgewater, a sum not exceeding thirty-
five thousand dollars, as authorized by chapter thirty of
the resolves of the present year.

For the expenses of the delegates to the educational Delegates to

T • -n XT- 1 • o i 1 • Ui educational

convention at Louisville, Kentucky, in September eight- convention.
een hundred and eighty-three, three hundred and seventy-
five dollars, as authorized by chapter thirty-two of the
resolves of the present year.

For certain repairs at the state normal school at Salem, Normal school

*- at Salem.

202

1884. — Chapter 240.

State alms-
bouse

Jane Parks.

Francis Shurt-
leff.

Agnes 8. Gould-
ing.

Normal school
at Bridgewater.

Normal school
at Framingham,

Rhode Island
'boundary line.

Salary of the
secretary of the
Common-
wealth.

Electoral
college.

Books for
record of cases
of contagious
diseases.

Treasurer, for
clerical aBsist-
ance.

Senate and
bouse of repre-
sentatives.

State house.

eight hundred dollars, as authorized by chapter thirty-
three of the resolves of the present year.

For the state almshouse at Tewksbury, four thousand
dollars, as authorized by chapter thirty-four of the resolves
of the present year.

For Jane Parks, two hundred dollars, as authorized by
chapter thirty-five of the resolves of the present year.

For Francis Shurtleff, two hundred and seventy dollars
and thirteen cents, as authorized by chapter thirty-six of
the resolves of the present year.

For Agnes S. Goulding, two hundred and six dollars
and twenty-five cents, as authorized by chapter thirty-
seven of the resolves of the present year.

For the state normal school at Bridgewater, one thou-
sand dollars, as authorized by chapter thirty-eight of the
resolves of the present year.

For the state normal school at Framingham, seven hun-
dred and seventy-five dollars, as authorized by chapter
thirty-nine of the resolves of the present year.

For the payment of the expenses attending the estab-
lishing of a portion of the boundary line between the Com-
monwealth of Massachusetts and the State of Rhode Island,
four thousand six hundred and thirty-three dollars and
ninety-two cents, as authorized by chapter forty of the
resolves of the present year.

For the salary of the secretary of the Commonwealth,
five hundred dollars, as authorized by chapter seventy-nine
of the acts of the present year, being in addition to the
two thousand five hundred dollars appropriated by chapter
three of the acts of the present year.

For compensation and expenses of the electoral college,
five hundred dollars.

For furnishing boards of health with blank books for
the record of cases of contagious diseases, as provided for
in section four of chapter ninety-eight of the acts of the
present year, a sura not exceeding five hundred dollars.

For additional clerical assistance in the department of
the treasurer and receiver-general, a sum not exceeding
eight hundred dollars, the same to be in addition to two
hundred dollars appropriated by chapter three of the acts
of the present year.

For the contingent expenses of the senate and house of
representatives, and necessary expenses in and about the
state house, one thousand dollars, the same to be in addi-

1884. — Chapter 241. 203

tion to the five thousand dollars appropriated by chapter
two of the acts of the present year.

For travelling expenses of the executive council, a sum Council: travel-
not exceeding live hundred dollars, the same to be in ad- '"^ ^'^p®"*^^-
dition to five hundred dollars appropriated by chapter
three of the acts of the present year.

For furnishino: additional apparatus for the inspectors inspectors of
of gas-meters, a sum not exceeding one hundred and fifty s^^""*^®"-
dollars, the same to be in addition to two hundred dollars
appropriated by chapter thirty-nine of the acts of the
present 3' ear.

For small items of expenditure for which no appropria- smaii items of

.. , , -10 I'l 'i-i expenditure.

tions have been made, or tor which appropriations nave
been exhausted or reverted to the treasury in previous
years, a sum not exceeding one thousand dollars.

For authorized expenses of committees of the present Expenses of

■t • T . j'1-1 I'l • j_ j_ -ii committees.

legislature, to include clerical assistance to committees
authorized to employ the same, a sum not exceeding five
thousand dollars, the same to be in addition to the five
thousand dollars appropriated by chapter two of the acts
of the present year.

For compensation of the doorkeepers, messengers and Doorkeepers,

1 Jr ' _ O messengers and

pages to the senate and house of representatives, a sum pages.
not exceeding ten thousand dollars, the same to be in
addition to the ten thousand dollars appropriated by chap-
ter two of the acts of the present year.

Section 2. This act shall take effect upon its passage.

Approved May 16, 1884.

An Act to authorize the county commissioners of essex (7Aft7).241

COUNTY TO provide A NEW JAIL AT SALEM.

Be it enacted, etc. , as follows :

Section 1. The county commissioners of the county Newjaiiat
of Essex are authorized and required to re-build the jail at
Salem, or to build a new jail in said city, and for said pur-
pose may borrow on the credit of the county a sum not
exceeding seventy-five thousand dollars.

Section 2. They may sell, convey or remove the Present jaii may
whole or any portion of the present jail and jailer's house, removed.
or use the materials thereof in the new structure, and they
may employ the prisoners held in said jail.

Section 3. If said commissioners decide it to be for Commissioners

., , .. . , • •■ 1 I 1 1 1 .1 may take land if

the public interest that a new jail should be built upon thej decide to
some new site, they may for such purpose take any land, neVsi'te.""*

204

1884. — Chapter 242.

Damages to be
paid by the
county.

Labor not
required to be
let out by con-
tract.

not appropriated for public uses, withiu said city, and
within sixty days after such taking file in the registry of
deeds of Essex county for the southern district such a de-
scription of the land so taken as is required in a common
conveyance, and a statement of the purpose for which it
was taken, signed by said commissioners or a major part
of them ; and the title to such land shall vest in the county
of Essex from the time of such filing. All damages sus-
taiued by such taking shall be paid by the county ; and if
said commissioners fail to agree upon such damages with
the owner, the same may be assessed and determined by
a jury in the manner and on the conditions provided by
law in the case of laying out town ways, upon application
therefor made within three years after such filing.

Section 4. In carrying out the provisions of this act,
said commissioners shall not be required to let out by con-
tract the labor on said building, nor to advertise for pro-
posals therefor, as provided in section twenty-two of chap-
ter twenty-two of the Public Statutes.

Section 5. This act shall take eflfect upon its passage.

Approved May 16, 1884.

Qlia])f2i^ An Act concerning sales of land by cities and towns for

TAXES.

Be it enacted, etc., as follows:

Section 1. Whenever real estate is sold by a city or
town under the provisions of section fifty-eight of chapter
twelve of the Public Statutes, such sale shall be made by
the collector of taxes for the time being of such city or
town. In case no person appears and bids at such sale
for the whole or any part of the land or for the rents and
profits thereof an amount equal to the sum named in the
collector's deed or instrument of taking as the sum due
when the original sale or taking of the land was made,
with interest and charges thereon fixed by law, and also
all subsequent taxes and assessments and all interest and
charges due in respect thereof, the collector may purchase
said land for and in behalf of the city or town selling the
same in the same manner and upon the same terms and
conditions as are prescribed in section forty of chapter
twelve of the Public Statutes.

Section 2. This act shall take effect upon its passage.

Approved May 16, 1884.

Sale to be made
by the collector
of taxes.

Collector may
purchase land
if no sufficient
bid is made.

1884. — Chapter 243. 205

An Act to authorize the county commissioners of hampden (7^(^2).243

COUNTY TO erect A NEW JAIL AND HOUSE OF CORRECTION.

Be it enacted^ etc., as follows :

Section 1. The county commissioners of Hampden county commis-
county are authorized and required to erect a new jail and buuTnewjaii,
house of correction in Springtield, the same to be com- ^^g*]-^ '" ^p''*"»'
pleted within two and one-half years from the passage of
this act.

Section 2. The said commissioners are authorized to Mayseiiiand
sell the whole or any portion of the buildings or land now not'^uTe'd!"^'*
used as a jail and house of correction by said coimty and
to appropriate the proceeds towards the erection of a new
one, also to purchase or take lands necessary for that pur-
pose ; they shall estimate and determine all damages that To estimate and
may be sustained by any party ot parties by the taking damaged *
of such land for the purposes of this act, but any party
aggrieved by any such determination of said commis-
sioners may have their damages assessed by a jury of the
superior court in the same manner as is provided by law
with respect to damages sustained by reason of the laying
out of ways. If upon trial damages are increased beyond
the award, the party in whose favor the award was made
shall recover costs, otherwise shall pay costs, and such
costs shall be taxed as in civil cases.

Section 3. The said commissioners shall, within sixty Tomeinreg.
days after such taking of land, file for record in the reg- dlllr\ptk,Tof ^
istry of deeds for said county, a description of the land th*^ lan^ taken.
so taken, and the title to the same shall thereupon vest in
in said county.

Section 4. The plans and specifications for the build- pians and speci-
ing of said jail and house of correction shall be subject to fo "pp^ov^ai^ir'
the approval of the commissioners of prisons of this Com- prison commia-

11 . . 1 sioners.

mon wealth. Unless the commissioners ot said county
shall procure the approval of the commissioners of prisons
to plans and specifications for said jail and house otj cor-
rection within six months from the passage of this act, the
commissioners of prisons may at the expense of the county
of Hampden procure plans and specifications therefor ac-
cording to which said jail and house of correction shall be
built under the provisions of this act.

Section 5. The said county commissioners are author- countymay
ized to borrow on the credit of the county for the pur- $2oo°ooit.

206

1884. — Chapter 244.

poses of this act, a sum not exceeding two hundred thou-
sand dollars.

Section 6. This act shall take effect upon its passage.

Approved May 16, 1884.

Chap,244:

Water supply
for Ablngton.

May take the
water of Beaver
Brook, Cleverly
Brook or Island
Pond.

May make exca.
vations and
operate
machinery.

May dig up,
raise and
embank lands.

To have

recorded in
registry of
deeds a dtscrip.
tion of the land
t aken.

An Act to supply the towk of abington with water.

Be it enacted, etc , as follows :

Section 1. The town of Abington may supply itself
and its inhabitants with water for the extinsfuishment of
fires and for domestic and other purposes ; may establish
fountains and hydrants ; re-locate or discontinue the same ;
may regulate the use of such water ; and establish and
collect rates to be paid for the use of the same.

Section 2. Said town for the purposes aforesaid may
take by purchase or otherwise and hold the water of
Beaver Brook, Cleverly Brook or Island Pond or from
artesian wells in the town of Abington and the water
rights connected with any such water sources, and also all
lands, rights of way and easements necessary for raising,
holding and preserving such water and conveying the
same to any part of said town ; and may erect on the land
thus taken or held proper dams, buildings, fixtures and
other structures, and may make excavations and procure
and operate machinery and provide such other means and
appliances as may be necessary for the establishment and
maintenance of complete and effective water works ; and for
that purpose may construct and lay down conduits, pipes
and other works under, through or over any lands, water
courses, railroads or public or private ways, and along
any such way, in such manner as not unnecessarily to ob-
struct the same ; and for the purpose of constructing,
laying down, maintaining and repairing such conduits,
pipes and other works, and for ail proper purposes of
this act said town may dig up, raise and embank any such
lands or ways in such a manner as to cause the least
hindrance to public travel on such ways.

Section 3. Said town of Abington shall within ninety
days after the taking of any lands, rights of way, water
sources, water rights or easements as aforesaid, other
than by purchase, tile and cause to be recorded in the
registry of deeds for the county of Plymouth a description
thereof sufficiently accurate for identification, with a
statement of the purpose for which the same is taken,

1884. — Chapter 244. 207

signed by the water commissioners hereinafter provided
for.

Section 4. The said town shall pay all damages sus- Liability for
taiued by any person in property by the taking of any ^"*"^**-
land, right of way, water, water source, water right or
easement or by any other thing done by said town under
the authority of this act. Any person sustaining damages
as aforesaid under this act, who fails to agree with said
town as to the amount of damages sustained, may have
the damages assessed and determined in the manner pro-
vided by law when land is taken for the laying out of
highways, on application at any time within the period of
three years from the taking of such land or other property,
or the doing of other injury, under the authority of this
act ; but no such application shall be made after the ex-
piration of said three years. No application for assess- Application for
ment of damages shall be made for the taking of any be™Tdeuntii°
water, water right, or for any injury thereto, until the ^ahdrawn"^"^
water is actually withdrawn or diverted by said town
under the authority of this act.

Section 5. Said town may, for the purpose of paying AbingtonWa-
the necessary expenses and liabilities incurred under the e7ceed*$ioo°ooo!
provisions of this act, issue from time to time bonds, notes
or scrip, to an amount not exceeding in the aggregate one
hundred thousand dollars ; such bonds, notes and scrip
shall bear on their face the words " Abington Water
Loan " ; shall be payable at the expiration of periods not
exceeding thirty 3'ears from the date of the issue ; shall
bear interest payable semi-annually at a rate not exceed-
ing six per centum per annum, and shall be signed by
the treasurer of the town and be countersigned by the
water commissioners hereinafter provided for. Said town
may sell such securities at public or private sale, or pledge
the same for money borrowed for the purpose of this act,
upon such terms and conditions as it may deem proper.
Said town shall provide at the time of contracting said ^j""^^'^!;/"^^ *^
loan for the establishment of a sinking fund, and shall an-
nually contribute to such fund a sum sutficient with the
accumulations thereof to pay the principal of said loan at
maturity. Said sinking fund shall remain inviolate and
pledged to the payment of said loan, and shall be used for
no other jnirpose.

Section 6. Said town shall raise annually by taxation to raise
a sum which with the income derived from the water rates ux°a"ion sufli-

208

1884. — Chapter 244.

cient for current
expenses and
interest on
<bond8.

Penalty for
diverting or
corrupting
water.

Board of water
commissioners
to be elected.

Vacanc}'.

Subject to
acceptance by a
two thirds vote,
within three
years.

will be suflScient to pay the current annual expenses of
operating its water works and the interest as it accrues
on the bonds, notes and scrip issued as aforesaid by said
town, and to make such contributions to the sinking fund
and payment on the principal as may be required under
the provisions of this act.

Section 7. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town under the authority and
for the purpose of this act, shall forfeit and pay to said
town three times the amount of damages assessed therefor,
to be recovered in an action of tort ; and upon conviction
of either of the above wilful or wanton acts shall be pun-
ished by a fine not exceeding three hundred" dollars or by
imprisonment not exceeding one year.

Section 8. Said town of Abington shall, after its ac-
ceptance of this act at a legal meeting called for the pur-
pose, elect by ballot three persons to hold office, one until
the expiration of three years, one until the expiration of
two years, and one until the expiration of one year from
the next succeeding annual town meeting, to constitute a
board of water commissioners ; and at each annual town
meeting: thereafter one such commissioner shall be elected
by ballot for a term of three years. All the authority
granted to the said town by this act and not otherwise
specifically provided for shall be vested in said board of
water commissioners, who shall be subject however to such
instructions, rules and regulations as said town may im-
pose by its vote ; and a majority of said board shall con-
stitute a quorum for the transaction of business relative
both to the water works and to the sinking fund. Any
vacancy occurring in said board from any cause may be
filled for the remainder of the unexpired term by said
town at any legal meeting.

Section 9. This act shall take effect upon its accept-
ance by a two-thirds vote of the voters of said town pres-
ent and voting thereon at a legal town meeting called for
the purpose within three years from its passage ; but the
number of meetings so called in any year shall not exceed
three. Approved 3fay 19, 1884.

1884. — Chapters 245, 246. 209

An Act concerning the fisheries in the waters of the county (J}i(ij)^24:5

OP DUKES county.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and Fi^sh^eriesregu-
two of the acts of the year eighteen hundred and eighty-
two is amended to read as follows: — /Section 1. The
lessees holding from the commissioners on inland fisheries
a lease of any body of water in the county of Dukes
County, and all other persons having the right to take ale-
wives in any other waters in said county, may take ale-
wives from said waters and from the ditches connecting
them with each other and with the ocean at all seasons of
the year and without restriction as to day.

Section 2. Section two of said chapter one hundred ^XuuTes"'*
and two is amended to read as follows : — Section 2.
Whoever other than said lessees or any other person duly
authorized takes any fish, except eels, from any of said
waters or ditches without the permission in writing of said
lessees or said person duly authorized first obtained, shall
forfeit one dollar for each fish so taken, and shall also for-
feit any boat, net, line, rod or other apparatus used in
such taking in accordance with the provisions of chapter
one hundred and ninety-four of the Public Statutes.

Section 3. This act shall take effect upon its passage.

Aipproved May 20, 1884.

An Act to incorporate the Cambridge police mutual aid /^^^^ 04^

association. ^ '

Be it enacted, etc., as follows:

Section 1. George H. Copeland, Mark J. Folsom, corporators.
Thomas H. Lucy, Alouzo S. Harriman, Andrew Sproul,
Luther Hapgood, Moses W. Hooper, their associates and
successors, all of whom shall be members of the police
department of the city of Cambridge, are hereby made a
corporation by the name of the Cambridge Police Mutual Name and .
Aid Association, in the city of Cambridge, for the purpose
of assisting the families of deceased members of said asso-
ciation and the members thereof when sick or disabled, or
upon their resignation or discharge from the police depart-
ment of said. Cambridge, or upon the decease of their
wives, with all the powers and privileges and subject to Powers and
all the liabilities, duties and restrictions set forth in all geir

duties.

eral laws which now are or may hereafter be in force

210 1884 — Chapters 247, 248, 249.

Not subject to relating to such corporations : provided, that said corpora-
inem-Inc^e'co^m" tion shall not be subject to the laws relating to life
panies. iusurance companies, and shall not be summoned as

trustee in any action or process against any person or
persons who may hereafter be entitled to assistance from
said corporation under the by-laws thereof or under the
provisions of this act.
Real and per. Section 2. Said Corporation for the purposes afore-
said shall have power to receive grants, devises, bequests
and donations, and may hold real and personal estate not
exceeding one hundred thousand dollars in value.

Section 3. This act shall take eflfect upon its passage.

Approved May 20, 1884.

Ch(iP.2^7 ^^ ^^"^ EXTENDING THE ACTHOKITr TO SUMMON WITNESSES.

Be it enacted, etc., as follows:

Issue of sum- SECTION 1. Scctiou One of chapter one hundred and

^esBcs ex^pt in sixty-niuc of the Public Statutes is hereby amended by
criminal cases, gtrikj^g (^^^ the word "civil" iu the second line, and
inserting after the word "cases" in the same line the
words "excepting criminal cases."
Repeal. SECTION 2. All acts or parts of acts inconsistent here-

with are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved May 20, 1884.

CJian.^^S ^^ -^^"^ '^^ ESTABLISH THE SALARY OP THE REGISTER OP PROBATE
AND INSOLVENCY FOR THE COUNTY OP HAMPDEN.

Be it enacted, etc., asfolloivs:

Salary estab- SECTION 1 . The register of probate and insolvency for

the county of Hampden, from and after the first day of

May in the year eighteen hundred and eighty-four, shall

receive an annual salary of eighteen hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved May 20, 1884.

(JJia7).24:'d ^^ ^^^ PROVIDING FOR THE PUBLICATION OF A LIST OF PERSONS
WHOSE NAMES HAVE BEEN CHANGED IN THIS COMMONWEALTH.

Be it enacted, etc., asfolloivs:

Acts changing SECTION 1. The Secretary of the Commo.nwealth at the

pe?sonTtobe closc of the present session of the general court shall col-

printed. j^^^ ^^^^ causc to bc printed in one volume all the special

acts of this Commonwealth heretofore passed authorizing

1884. — Chapter 250. 211

changes of names of persons, and all the returns of changes
of names heretofore published by virtue of the fourteenth
section of the one hundred and tenth chapter of the Gen-
eral Statutes and the first section of the fourth chapter of
the Public Statutes.

Section 2. He shall cause to be added thereto an index to
index classified according to christian and surname of the auroame.^"
original names of such persons and of the names so taken
and decreed.

Section 3. One thousand copies of the volume afore- Distribution.
said shall be printed, and shall be distributed as follows :
one copy to the clerk of each city and town in the Com-
monwealth ; one copy to each city and town in the Com-
monwealth to be placed in the city or town library, when
such library exists therein ; one copy to each public and
incorporated library in the Commonwealth, other than a
city or town library ; one copy to each registry of deeds ;
one copy to each registry of probate ; one copy to the
clerk of the courts in each county ; fifty copies to be re-
tained in the office of the secretary of the Commonwealth,
and the remaining copies to be placed in the hands of the
secretary of the Commonwealth for general distribution.
The preparing of said volume for the press and the Expense not to
printing and binding of the same shall not exceed the '^^'^'^^ ^'^'
sum of eighteen hundred dollars.

Approved May 20, 1884.

Chap.250

An Act concerning the election of- aldermen in the city

OF boston.

Be it enacted, etc., as follows:

Section 1. The city of Boston is hereby divided into city of Boston
twelve aldermanic districts, and wards one and two shall fweiveVidlr-
constitute one district, to be known as the first aldermanic nianic diatncts.
district ; wards three, four and five shall constitute one
district, to be known as the second aldermanic district ;
wards six, seven and eight shall constitute one district, to
be known as the third aldermanic district ; wards nine and
ten shall constitute one district, to be known as the fourth
aldermanic district ; wards eleven and sixteen shall con-
stitute one district, to be known as the fifth aldermanic
district ; wards twelve and thirteen shall constitute one
district, to be known as the sixth aldermanic district ;
wards fourteen and fifteen shall constitute one district,
to be known as the seventh aldermanic district ; wards

212

1884. — Chapter 250.

Ipon a new
division into
wards, a new
division of
iildermanic
districts to be
made.

One alderman to
be elected in
each district
■who shall be a
legal voter and
an inhabitant
thereof.

Repeal.

seventeen and eighteen shall constitute one district, to be
known as the eighth aldermanic district ; wards nineteen
and twenty-two shall constitute one district, to be known
as the ninth aldermanic district ; wards twenty and twen-
ty-one shall constitute one district, to be known as the
tenth aldermanic district ; wards twenty-three and twenty-
five shall constitute one district, to be known as the
eleventh aldermanic district ; and ward twenty-four shall
constitute one district, to be known as the twelfth alder-
manic district.

Section 2. It shall be the duty of the city council
after any new division of said city into wards, to cause a
new division of the city to be made into twelve aldermanic
districts, in such manner as to include in such districts
whole and contiguous wards (except so far as the same
may be separated by natural water channels connected by
bridge or bridges), and an equal number of voters and
inhabitants as nearly as convenience permits, and until
such new division be made the districts shall remain as
established by this act.

Section 3. The qualified voters of each of said alder-
manic districts shall, at the annual municipal election, be
called upon to give in their votes for one able and discreet
person, being a legal voter and an inhabitant of the dis-
trict, to be a member of the board of aldermen for the en-
suing year ; and all such votes so given shall be sorted,
counted, declared and recorded, and returns thereof made
to the city clerk, in the same manner as is now provided
by law for the choice of aldermen of said city. Where-
upon the same proceedings shall be had to ascertain and
determine the person chosen as alderman for each district
as are now provided by law in regard to the choice of
aldermen. And a new election shall be ordered in any
such district, in case of any failure by such district to
elect an alderman as herein provided, or in case of any
vacancy by death, resignation or other cause ; and each
alderman so chosen shall be duly notified as is now pro-
vided by law.

Section 4. All acts and parts of acts inconsistent
herewith are hereby repealed.

Section 5. This act shall take efiect upon its passage.

Approved May 21, 1884.

1884. — Chapter 251. 213

An Act to incorporate the watertown water supply Chcip.25\

COMPANY.

Be it enacted, etc., as follows:

Section 1. Alfred Hosmer, Henry C. Derby, Samuel corporators.
S. Gleason, Albert O. Davidson, Francis Kendall, Abram
L. Kichards, John H. Conant, John W. Coffin, John
Coolidge, George K. Snow and John Murry, their asso-
ciates and successors, are hereby made a corporation by
the name of the Watertown Water Supply Company, for Name and
the purpose of furnishing the inhabitants of Watertown p"""?"^®-
with water for the extinguishment of tire, for domestic and
other purposes, with all the powers and privileges, and ^^^^^l^ ""''
subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or may hereafter
be in force applicable to such corporations.

Section 2. The said corporation for the purposes May take water
aforesaid may take by purchase or otherwise and hold the amrpondsfn
water of any springs, natural ponds, brooks or other Watertown.
proper sources of supply within the town of Watertown, but
if said water is drawn from Charles River the quantity
shall not exceed one million gallons per day, and also may
take and hold as aforesaid all lands, rights of way and
easements necessary for holding and preserving such water
and for conveying the same to any part of said town, and
may erect on the land thus taken and held proper dams,
fixtures and other structures, and may make excavations,
procure and operate machinery and provide such other means
and appliances as may be necessary fortheestablishmentand
maintenance of complete and effective water works ; and May construct

1 . . Til and lay down

may construct and lay down conduits, pipes and other conduits and

I 1 ,1 , '11 other works.

works, under or over any land, water-courses, railroads

or public or private ways, and along any such ways in

such manner as not unnecessarily to obstruct the same ;

and for the purpose of constructing, repairing and main- May dig up

taining such conduits, pipes and other works, and for all dlrectionlf/the

proper purposes of this act said corporation may dig up s«'ectmen.

any such lands, and under the direction of the board of

selectmen of the town may enter upon and dig up any

such ways in such manner as to cause the least hindrance

to public travel on such ways.

Section 3. The said corporation shall, within sixty To have
days after the taking of any lands, rights of way, water registry of
rights, water sources or easements as aforesaid, otherwise eixV^iysa"
than by purchase, file and cause to be recorded in the fa^nd'take°n! °'

214

1884. — Chapter 251.

Liability for
damages.

Application for
damages not to
be made until
water ie actually
withdrawn.

May distribute
water and fix
rates for the
same.

Real estate and
capital stock.

May issue bonds
and secure by
mortgage.

registry of deeds for the southern district of the county
of Middlesex a description thereof sufficiently accurate for
identification, with a statement of the purpose for which
the same were taken, signed by the president of the cor-
poration.

Section 4. The said corporation shall pay all damages
sustained by any person or corporation in property by the
taking of any land, right of way, water, water source,
water right or easement, or by any other thing done by
said corporation under the authority of this act. Any
person or corporation sustaining damages as aforesaid
under this act, and failing to agree with said corporation
as to the amount of damages sustained, may have the
damages assessed and determined in the manner provided
by law when land is taken for the laying out of highways,
on application at any time within the period of two years
from the taking of such land or other property, or the
doing of other injury under the authority of this act, but
no such application shall be made after the expiration of
said two years. No application for assessment of damages
shall be made for the taking of any water, water rights, or
for any injury thereto, until the water is actually with-
drawn or diverted by said corporation under the authority
of this act.

Section 5. The said corporation may distribute the
water through said town of Watertown ; may regulate the
use of said water and fix and collect rates to be paid for
the same ; and may make such contracts with said town
or any fire district that is or may be established therein,
or with any individual or corporation to supply water for
the extinguishment of fires or for other purposes, as may
be agreed upon by said town or such fire district, or indi-
vidual or corporation, and said corporation.

Section 6. The said corporation may for the purposes
set forth in this act hold real estate not exceeding in
amount fifty thousand dollars ; and the whole capital stock
of said corporation shall not exceed in amount two hun-
dred thousand dollars to be divided into shares of one
hundred dollars each.

Section 7. The said corporation may issue bonds and
secure the same by a mortgage on its franchise and other
property to an amount not exceeding its capital stock ac-
tually paid in and applied to the purposes of its incorpora-
tion.

1884. — Chapter 251. 215

Section 8. Whoever wilfully or wantonly corrupts, Penalty for
pollutes or diverts any of the waters taken or held under ^ti"ng"or iivert.
this act, or injures any structure, work or other property '"g water.
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wanton
acts shall be punished by a fine not exceeding three hun-
dred dollars, or by imprisonment not exceeding one year.

Section 9. The said town of Watertown shall have Town may at
the right at any time during the continuance of the charter cha8efJ-an^c"hV8e
hereby granted, to purchase the franchise, corporate prop- '""^ property.
erty and all the rights and privileges of said corporation,
at a price which may be mutually agreed upon between
said corjooration and said town ; and the said corporation
is authorized to make sale of the same to said town. In compensauon
case said corporation and said town are unable to agree, by^comm™iion^
then the compensation to be paid shall be determined by era if parties fau

. . 1 • T 1 1 •'to agree.

three commissioners, to be appointed by the supreme
judicial court, upon the application of either party and
notice to the other, whose award when accepted by said
court shall be binding upon all parties, and the purchase
of and payment for this franchise and property shall be in
conformity to the requirements of the Public Statutes.

Section 10. The selectmen of Watertown, upon the security may be
application of any person from whom any land, water or plymemo?
water rights are taken under this act, shall require said ^^J^^'^^e® '"^^'^^
corporation to give satisfactory security for the payment awarded.
of all damages and costs which may be awarded such
owner for the land or other property so taken ; but pre-
vious to requiring such security the said selectmen shall,
if application therefor is made by either party, make an
estimate of the damages which may result from such tak-
ing, and the said selectmen shall in like manner require
further security if at any time the security before required
appears to them to have become insufficient ; and all the
right or authority of said corporation to enter upon or use
such land or other property, except for making surveys,
shall be suspended until it gives the security required.

Section 11. This act shall take effect upon its passage, work to be
but shall become void unless work under this act is com- wuhTn'two
menced within two years from the date of its passage. y®""-

Approved May 21, 1S84.

216

1884. — Chapter 252.

into Boston
Harbor,

Vessels not
more than 350
tons, inward
bound.

Chap.252 An Act concerning pilotage.

Be it enacted, etc. , as follows :

Liability, to SECTION 1. Every vesscl bound into the harbor of

ves°eeirboumi ° Boston, liable to pilotage, which shall arrive within a line
drawn from Hardino^'s Ledge to the Graves and thence to
Nahant Head without having been oflfered the services of a
pilot shall be exempt from the payment of pilotage fees ;
but if thereafter she requests and receives such services
she shall pay the regular rates.

Section 2. Any vessel of not more than three hun-
dred and fifty tons register bound into the port of Boston,
declining the services of a pilot shall if otherwise liable
under the provisions of law to the payment of pilotage
fees, be liable only for one-half of the regular fees ; but if
such vessel request and receive such services she shall be
held to pay the regular fees therefor.

Section 3. No vessel of under three hundred and
fifty tons register bound out from the port of Boston
shall be held to pay pilotage fees for services tendered
and declined ; but if such vessel request and receive such
services the regular fees shall be paid therefor.

Section 4. Section thirty- two of chapter seventy of
the Public Statutes is amended to read as follows : — All
passenger steam vessels regulated by the laws of the
United States and carrying a pilot commissioned by United
States commissioners, all vessels regularly employed in
the coasting trade, all fishing vessels other than whalers,
and all vessels of less than seven feet draught of water
shall be exempt from the compulsory payment of pilotage.

Section 5. Whenever any vessel exempt from the
compulsory payment of pilotage requests the aid of a pilot,
any pilot so requested shall serve such vessel in like man-
ner as vessels not so exempt, and shall be entitled to the
regular compensation therefor.

Section 6. Section thirty-nine of chapter seventy of
the Public Statutes is amended to read as follows : — No
person, who does not hold a commission as a pilot, shall
if a commissioned pilot offers his services or can be ob-
tained within a reasonable time assume or continue to act
as pilot in the charge or conduct of any vessel within the
waters of this Commonwealth unless he is a person actu-
ally employed on such vessel for the voyage. Whoever
commits a breach of the provisions of this section shall be

Vessels under
350 tons, out-
ward bound.

Certain vessels
exempt from
pilotage.

Pilot to serve
vessel exempt,
if so required.

Persons other
than pilots not
to act as such,
unless, etc.

1884.— Chapters 253, 254. 217

liable to a penalty of not less than twenty nor more than
fifty dollars for each offence.

Section 7. This act shall take effect on the first day to take effect
of September next. Approved May 21, 1884. '""P' '

An Act relative to the location in which a savings bank QJiar).25fi

OR institution for savings may transact its principal
business.
Be it enacted, etc., as follows:

Section 1. A savings bank or institution for savinofs savings banks

. ., 1^1 •• c t 1. I TiOi' institutions

incorporated under the provisions or chapter one hundred for savings,
and sixteen of the Public Statutes shall carry on its usual "oTec^onducted
business at its banking house only, and no deposit shall houses'^onfy.
be received, nor payment on account of deposits be made
by such corporation or by any person on its account in
any other place than at its banking house ; and such bank-
ing house shall be kept in the city or town in which such
corporation is established.

Section 2. This act shall take effect upon its passage.

Approved May 21, 1884.

An Act authorizing the haverhill aqueduct company to (J]}ar> 254
increase its water supply.

Be it enacted, etc., as follows:

Section 1. The Haverhill Aqueduct Company is here- Haverhiu Aque-
by authorized to take and hold the waters of Crystal Lake, ra"ay ukT^'"'^
so called, in the city of Haverhill, together with any or^yMaiLake.
water rights connected therewith, for the purpose of in-
creasing its means of supplying the inhabitants of said city
with water for the extinguishment of fires and for domestic
and other purposes, with all the powers and privileges
and subject to all the duties, restrictions and liabilities
set forth in the general laws which now are or may here-
after be in force regulating such corporations.

Section 2. Said corporation may take, hold and ^lay convey

I *j ' water tiirouffti

convey through the city of Haverhill, or any part thereof, cuyof^
the water so taken, so far as may be necessary to supply
the inhabitants thereof, and may take by purchase or oth-
erwise and hold any real estate necessary for the preser-
vation and purity of the said water, or for forming any
dams or reservoirs to hold the same, and for laying and
maintaining aqueducts and pipes for distributing the water
so taken and held ; and may lay its water pipes through

Ilavt-rhill.

218

1884. — Chapter 254

May dig up
roads under di-
rection of the
aldermen.

To cause to be
recorded in the
registry of
deeds a descrip-
tion of lands
and water
rights hereto-
fore or hereafter
taken.

Assessment of
damages.

Penalty for di-
verting or
corrupting
water.

any private lands, with the right to enter upon the same
and dig therein for the purpose of making all necessary
repairs or service connections ; and for the purposes afore-
said may carry its pipes under or over any water course,
street, railroad, highway or other way in such manner as
not unnecessarily to obstruct the same ; and may, under
the direction of the board of aldermen, enter upon and dig
up any road or other way for the purpose of laying or re-
pairing its aqueducts, pipes, or other works; and in gen-
eral may do any other acts or things convenient and proper
for carrying out the purposes of this act.

Section 3. Said corporation shall, within sixty days
after the taking of any land or water rights under the pro-
visions of this act, otherwise than by purchase, file and
cause to be recorded in the registry of deeds in the south-
ern district of the county of Essex a description of any
land and water rights so taken, sufficiently accurate for
identification, with a statement of the purposes for which
it is so taken, and the title of the land and water rights so
taken shall vest in said corporation. Said corporation
shall also file and cause to be recorded in the registry
aforesaid a description of all the lands and water rights
heretofore taken or which shall be hereafter taken by it
under authority granted in any former acts.

Section 4. Any person or corporation injured in any
way by any acts of said corporation, and failing to agree
with said corporation as to the amount of damages, may
have the same assessed and determined in the manner
provided by law when land is taken for the laying out of
highways ; but no application shall be made to the county
commissioners for the assessment of damages for the taking
of water rights until the water is actually taken and
diverted by said corporation. Any person whose water
rights are thus taken or affected may apply as aforesaid
within three years from the time the water is actually
withdrawn or diverted, and not thereafter ; and no suit
for injury done under this act shall be brought after three
years from the doing of the alleged injury.

Section 5. If any person shall use any of said water
taken under this act, by drawing from any pipe without
the consent of said corporation, or shall wantonly or mali-
ciously divert the water or any part thereof so taken, or
corrupt the same, or render it impure, or destroy or injure
any dam or aqueduct, pipe, conduit, hydrant, machinery

1884. — Chapter 254. 219

or other works or property held, owned or used by said
corporation under the authority of aiid for the purposes of
this act, he shall forfeit and pay to said corporation three
times the amount of damages assessed therefor, to be
recovered in an action of tort ; and on conviction of
either of the wanton or malicious acts aforesaid may be
punished by a line not exceeding three hundred dollars
or by imprisonment in jail not exceeding one year.

Section 6. After the said corporation shall have ac- After waters of
tually taken, diverted and stored the waters of Crystal arTtakenrthe
Lake to its fullest capacity by erecting a dam at its outlet, ?8"7''/73°"§5%e.
and after said corporation shall have drawn the water in |f^'if,/t°r'^[^^w
said lake down to low water mark for the necessary use low water mark,
of the inhabitants of Haverhill, under the authority of this whiiemore '
act, if more water is needed the provisions of section tive ^*"'«"«^
of chapter seventy-three of the acts of the year eighteen
hundred sixty-seven, relating to drawing the waters of
Round Pond, Plug Pond and Kenoza Lake below low
water mark, shall not apply to said corporation while such
additional water is needed ; and said corporation shall i)ro-
ceed, within one year, to take and store the waters of said
Crystal Lake, and furnish the same for the use of the in-
habitants of said Haverhill within two years from the
passage of this act.

Section 7. The county commissioners for the county corporation
within which any lands, water or water rights taken "ofive Jlcuruy
under this act are situated, shall, upon application of the ^"am^ag^eT.*""' °'
owner thereof, require said corporation to give satisfactory
security for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the said
county commissioners shall, if application therefor is
made by either party, make an estimate of the damages
which may result from such taking, and the said county
commissioners shall, in like manner require further secu-
rity, if at any time the security before required appears
to them to have become insutficient ; and all the right or
authority of said corporation to enter upon or use such
land or other property, except for making surveys, shall
be suspended until it gives the security required.

Section 8. The city of Haverhill may at any time cuy of Haver.

1 /■ 1 J I • i 1 11 xi i- U" hill may at any

hereaiter purchase or otherwise take all the irancnises, time purchase

rights and property of said Haverhill Aqueduct Company chiseslnd'prop.
at such price as may be agreed upon by the parties, and erty of corpora-

ii20

1884. — Chapter 255.

in case the said city and the said corporation cannot agree
upon the price to be paid, the supreme judicial court may,
upon application of either party and notice to the other,
appoint three commissioners who shall determine the price
to be paid to said corporation by said city, and whose
award when accepted by the court shall be final.
t^i'n'^reqlfire'^'' ^ECTiON 9. This act shall take effect upon its passage,
ments of section but shall bccomc void uulcss the requirements of section

SIX are carried ., li^i' i/->i'i n r^ i

out. SIX m regal d to taking and lurnishmg the waters of Crystal

Lake are carried out. Approved May 21, 1884.

Chap.255

Coramissioners
of prisons to
prepare for use
as the state
prison, the
buildings in
Boston formerly
occupied as said
prison.

Prisoners may
be employed in
preparing build-
ings for occu-
pancy.

Governor to
issue proclama-
tion establish-
ing prison.

May issue proc-
lamation estab-
lishing the Mas-
sachusetts re-
formatory in the

An Act to establish a reformatory for male prisoners.
Be it enacted, etc., as follows :

Section 1. The commissioners of prisons are hereby
authorized and required to prepare for use as the state
prison the buildings in the city of Boston formerly occu-
pied as said prison, or such portions thereof as thej' may
consider necessary, and to expend for that purpose such
sum, not exceeding thirty-five thousand dollars, as they
shall consider necessary : provided, that said commissioners
shall not expend any part of said sum until they have ob-
tained estimates from competent experts showing that the
whole amount required to fully repair said buildings and
fit the same for occupancy as a state prison will not exceed
said sum of thirty-five thousand dollars. The warden of
the state prison is hereby authorized to let to the commis-
sioners of prisons, to be employed in preparing said
buildings for occupancy, as many prisoners, held by him
in said prison, as said commissioners shall desire, not ex-
ceeding thirty in number at any onetime. Said prisoners
shall be employed under the direction and in the custody
of officers appointed by the warden, and shall be consid-
ered to be in the warden's custody while employed as
aforesaid. The amount to be paid for the labor of prison-
ers so employed shall be determined by the warden and the
commissioners of prisons. When the buildings are ready
for occupancy the commissioners of prisons shall so notify
the governor, and if said buildings are accepted by him
he shall issue his proclamation, establishing the state
prison in said buildings, and fixing the date at which it
shall be established.

Section 2. At any time subsequent to the establish-
ment of the state prison at Boston, as provided in the
preceding section, the governor may issue his proclama-

1884. - Chapter 255. 221

tion, establishing the Massachusetts reformatory in the buildings in
buildings now owned by the Commonwealth in the town
of Concord and occupied as the state prison, and said
buildings and all lands and building owned by the Com-
monwealth in said town of Concord are hereby devoted to
the use of said reformatory.

Section 3. Within two weeks after the establishment List of prisoners
of the state prison in Boston, as herein before provided, beTr'^Mferred'*^
the commissioners of prisons shall send to the governor {o/yAo^be'fur'
and council a list of all prisoners held in the state prison nisiied to gov-

11 •!• •• 1111 /"I ornor and

at Concord who, m their opinion, should be transterred to council.
said Massachusetts reformatory. Said list shall not con-
tain the name of any prisoner held in said prison upon a
sentence of five years or more, or for life, nor the name
of any such prisoner held upon a sentence of less than five
years, if more than one-half of such sentence remains
unexpired : provided, however, that the name of any
prisoner having a sentence of five years or more may be
placed upon said list if, at the date of the establishment prisoners to be
of said prison at Boston, he shall have not more than one ie'iected from^^
year to serve after deducting the time commuted for his n^gJid *^"'^"
good behavior. The governor and council shall decide
which of the prisoners whose names are included in said
list shall be transferred to said reformatory, and the gov- Governor to
ernor shall issue his warrant directingthe warden of the state 'ssue warrant.
prison to transfer said prisoners to said reformatory, and
the warden shall transfer said prisoners, as directed in said
warrant.

Section 4. The governor shall also issue his warrant Governor to
directing the warden of the state prison to remove from lo^rln^v"'"*'^
the state prison at Concord to the state prison at Boston r«mainderof

11 • 111- •! • /-I 111 prisoners to

all ])risoners held in said prison at Concord who have not state prison at
been removed to said reformatory, as aforesaid, and the
warden shall remove said prisoners, as directed in said
warrant.

Section 5. Every prisoner removed from the state Terms of
prison at Concord to the state prison at Boston, as afore- fulfiiTed^ ^
said, shall serve in said state prison at Boston the remain-
der of the term of his sentence to the state prison in the
same manner as if he had originally been committed to said
state prison at Boston ; and every prisoner transferred
from the state prison to the Massachusetts reformatory,
as aforesaid, shall serve in said reformatory the remain-
der of the term of his sentence to the state prison, in the

222

1884. — Chapter 255.

After establish-
ment of prisons,
sentences to
state prison to
run to tlie state
prison at
Boston.

Laws relating to
tlie state prison
at Concord to
apply to the
state prison at
Boston.

Male persons
punisiial)le by
Inoprisonment
in state prison,
jail, etc , may
be sentenced to
reformatory.

Sentence to
reformatory
may be for the
maximum term
allowed by law.

Copy of com-
plaint, etc.,
together with
names of wit-
nesses at the
trial, to be sent
to superintend-
ent.

same manner as if he had originally been sentenced to
said reformatory, and the removal or transfer of a prisoner,
as aforesaid, shall not in any way impair the validity of
his sentence, or abridge the authority of the warden or
superintendent, as the case may be, to detain him in
custody according to its terms.

Section 6. From and after the date of the establish-
ment of the state prison at Boston, as fixed by the gov-
ernor, under the provisions of section one of this act, all
sentences to the state prison shall be to the state prison
at Boston. The warden of the state prison shall have the
custody, in the state prison at Concord, of all prisoners
sentenced thereto, until their transfer to said reformatory
or their removal to the state prison at Boston. When all
of said prisoners have been so transferred or removed the
state prison at Concord shall cease to be such.

Section 7. From and after the date of the establish-
ment of the state prison at Boston, as aforesaid, all laws
relating to the state prison at Concord, and to prisoners
confined therein, shall be in full force and efiect in relation
to the state prison at Boston, and to prisoners confined
therein.

Section 8. After the establishment of the Massachu-
setts reformatory any male person convicted of an ofiience
punishable by imprisonment in the state prison or in a
jail, house of correction or house of industry may be sen-
tenced to said reformatory : provided^ however, that no
person shall be sentenced to said reformatory for a less
time than one year. Municipal, police and district courts
and trial justices shall have the same jurisdiction and au-
thority to sentence such person to said reformatory which
they have to sentence him to such jail, house of correction
or house of industry.

Section 9. Every sentence to said reformatory im-
posed under the laws of this Commonwealth may be for
the maximum term provided by law for the punishment
of the oifence of which the person so sentenced has been
convicted. The term of imprisonment under any such
sentence may be terminated by the commissioners of
prisons as authorized by section thirty-three of this act.

Section 10. Whenever any person is sentenced to
said reformatory the court imposing the sentence shall
transmit to the superintendent an attested copy of the
complaint or indictment under which such person was

1884. — Chapter 255. 223

convicted, too^ether with the names of the witnesses testi-
fying for and against snch person at his trial. No fee
shall be charged or allowed for making said copies.

Section 11. After the establishment of the Massa- Boys over
chusetts reformatory no person who is over fifteen years 8efuTo"rcfor°m*
of age shall be sentenced to the reform school for boys at "chooi.
Westborough.

Section 12. The commissioners of prisons may re- Prisoners in

. T /. . I 1 • i2 J • jails, etc , in the

move to said reformatory such male prisoners connncd in several counties
the jails or houses of correction of the several counties, [JI^The rIfo"ma-^
or in the House of Industry at Deer Island, in the city of '"■'>'•
Boston, as they consider likely to be benefited by its
reformatory influences. They may also, whenever they prisoners thus
consider it necessary, remove from said reformatory to be"etrr1i^i%tc.
the place of imprisonment from which he was received,
any prisoner removed to said reformatory under the pro-
visions of this section, or may remove any prisoner held
in said reformatory to any jail or house of correction.

Section 13. On application of the trustees of the Boys in reform
state primary and reform schools the commissioners of borough t^rbe
prisons may cause any boy confined in the state reform formatolry!' '^^"
school for boys at Westborough upon a sentence for any
offence to be removed to said reformatory. The said
commissioners, upon application of said trustees, may
cause a boy so removed to be returned to said state
reform school.

Section 14. Said commissioners may with the same prisoners in
consent, with the consent of the governor and council, mayYe^emoved
remove from the state prison to said reformatory any to reformatory.
prisoner confined in said prison, and may, whenever they
consider it necessary, return said prisoner to said state
prison.

Section 15. A prisoner removed or returned under prisoner thus
the provisions of either of the three preceding sections uTn°erun°der'
shall serve the remainder of his original term of sentence "ecl^oimrsen^e
in the place of confinement to which he is so removed or out sentence.
returned.

Section 1 6. Every order for the removal of a prisoner ordi r for re-
under this act shall be signed by the secretary of the ™gned bysecre-
commissioners of prisons, and directed to the officer gione"!*^""""'^"
making the removal. All mittimuses, processes, and
other official papers or copies thereof by which a prisoner
is held shall be removed with him.

Section 17. Any order for the removal of a prisoner ordermaybe

executed by any

224

1884. — Chapter 255.

■oflBcer author-
ized to serve
process.

<3o8t8 of com-
mitment and
removal.

Otlicers of the
reformatory.

Superintendent
and physician
appointed by
governor and
council.

Other officers
by superintend-
ent with ap-
proval of com-
missioners.

Salaries of
officers.

under the provisions of this act may be executed by any
officer authorized to serve civil or criminal process in any
county in this Commonwealth.

Section 18. The costs of the commitment of any
person sentenced to said reformatory shall be paid by the
county from which he is committed. The costs of the
removal of any person to or from said reformatory shall
be paid from the treasury of the Commonwealth, the bills
therefor having received the approval of the commission-
ers of prisons.

Section 19. The officers of said reformatory shall
consist of one superintendent, one deputy superintendent,
one instructor, one physician, one clerk, four turnkeys, one
engineer, as many watchmen not exceeding twenty-three,
and as many assistant watchmen uot exceeding twenty-
three, as the superintendent and the commissioners of pris-
ons may consider necessary.

Section 20. The superintendent and the physician
shall he appointed by the governor by and with the con-
sent of the council, and shall hold office during the pleas-
ure of the governor and council.

Section 21. All other officers of said reformatory
shall be appointed by the superintendent, subject to the
approval of the commissioners of prisons, and shall hold
their offices during the pleasure of the superintendent
and commissioners.

Section 22. The officers of the prison shall receive
the following annual salaries, viz. : the superintendent,
thirty-five hundred dollars ; the instructor, two thousand
dollars; the physician, one thousand dollars; and the
officers appointed by the superintendent such salaries as
shall be fixed by him, subject to the approval of the commis-
sioners of prisons, but within the limits herein respectively
set forth, as follows, viz. : the deputy superintendent,
not exceeding two thousand dollars ; the clerk, not ex-
ceeding two thousand dollars; each turnkey, not exceed-
ing eleven hundred dollars ; the engineer, not exceeding
fifteen hundred dollars ; each watchman, not exceeding
one thousand dollars ; each assistant watchman, not ex-
ceeding eight hundred dollars. No other perquisite,
reward or emolument, shall be allowed to, or received by,
any of the said officers, except that there shall be allowed
to the superintendent and deputy-superintendent sufficient

1884. — Chapter 255. 225

house room with fuel and lights, for theoiselves and their

families.

P'' Section 23. The superintendent of said reformatory united states

shall receive and securely keep, according to the terras of be'conti"edta

his sentence, any male person committed thereto upon a ''^f^^^^^'^y-

sentence imposed by any court of the United States, or

any male prisoner sentenced by any such court who may

be removed thereto from any other prison.

Section 24. The superintendent shall have the custody superintendent

-1 1 /. 11 • 'ii 1 X ^1 • 1 r to have custody

and control of all prisoners committed to the said reiorma- of aii the prison.
tory, and shall have the management and direction of the ®"'
reformatory under the rules and regulations of the same.
He shall, before entering upon the duties of the office, To give bond.
give to the treasurer of the Commonwealth a bond, in
such sum and with such sureties as the governor and
council shall approve, conditioned that he shall faithfully
account for all the money placed in his hands, and for the
faithful performance of his duties. He shall purchase all ^"Pj'jgg^'*^®
supplies necessary for the said reformatory ; shall receive
and pay out all money paid from the treasury of the Com-
monwealth for the support thereof, and shall have the
custody and control of the buildings and property of the
Commonwealth connected therewith. He shall cause toTokeepac-
be kept in suitable books a full and accurate statement of eny, expensls,
the property, expenses, income and business of the said ®*'''
reformatory. He shall make to the commissioners of pris-
ons such reports as they shall require of him.

Section 25. When the office of superintendent is Deputy to act in
vacant, or the superintendent is absent from the reforma- perimendent.*
tory, or unable to perform the duties of his office, the
deputy superintendent shall have the powers, perform the
duties, and be subject to the obligations and liabilities of
the superintendent.

Section 26. If the office of superintendent becomes Deputy may be

, • • c • • tu 1 4. required to as.

vacant the commissioners ot prisons may require the deputy sume duties and
superintendent to assume the duties of superintendent, and office of s'uper-
to give a bond to the Commonwealth, in the sum of ten thou- i,acM^t!°*^ '^
sand dollars, with sufficient sureties, to be approved by them,
conditioned for the faithful performance of the duties in-
cumbent on him as deputy superintendent until a superin-
tendent is appointed, and that he will faithfully account
for all mone}' which shall come into his hands in such case ;
and from the time said bond is approved the deputy
superintendent shall, so long as he performs the duties of

226

1884. — Chapter 255.

Superintendent
pro tempore.

Instructor to de-
vote his whole
time, etc.

Commissioners
to have general
supervision.

To make rules
for grading and
classifying pris-
oners.

Prisoners to be
employed with
consent of gov-
ernor and
council.

Trades.

Prison school.

Moneys received
for labor to be
paid over once
in each month.

Salaries of offi-
cers and bills
for supplies to
be paid
monthly.

superintendent, receive the salary of that officer, in lieu of
his salary as deputy superintendent. If the deputy super-
intendent does not give such bond when required, the
commissioners of prisons may relieve him from the duties
of superintendent and appoint a superintendent pro tem-
pore^ who shall give such bond, and shall have the power
and authority, perform the duties and receive the salary
of the superintendent, until a superintendent is duly
appointed and enters upon the discharge of the duties of
the office.

Section 27. The instructor shall devote his whole
time to the instruction of the prisoners and the promotion
of their moral and religious well being.

Section 28. The commissioners of prisons shall have
the general supervision of the said reformatory, and shall
make all necessary rules and regulations for the govern-
ment and direction of the officers in the discharge of their
duties, for the discipline of the prisoners and the custody
and preservation of the property of the said reformatory.
They shall make special provision for grading and classi-
fying the prisoners and establish rules for dealing with
them according to their behavior, industry in labor, and
diligence in study. All rules and regulations adopted by
the said commissioners shall be subject to the approval of
the governor and council. The said commissioners shall,
with the superintendent, cause provision to be made for
the employment of the prisoners ; but no such provision
shall be made without the approval of the governor and
council. The said commissioners shall endeavor to estab-
lish in said reformatory such industries as will enable
prisoners employed therein to learn valuable trades. The
said superintendent and commissioners may expend a sum
not exceeding two thousand dollars annually for the main-
tenance of a prison school.

Section 29. All moneys received by the superintend-
ent for labor of the prisoners or for articles sold shall be
paid over to the treasurer of the Commonwealth as often
as once in each month.

Section 30. The salaries and pay of all officers and
employees at said reformatory, and all bills for supplies
and for other expenditures for said reformatory shall be
paid monthly from the treasury of the Commonwealth,
the same having first been certitied by the auditor of the
Commonwealth upon schedules, accompanied by vouchers,

commissioners.

1884. — Chapter 255. 227

enumerating the bills and pay-rolls. Said schedules shall
be certified by the superintendent and approved by the
commissioners of prisons. A full record of the pay-rolls Record of pay -
and bills shall be kept by the superintendent, and the
originals shall be deposited with the auditor of the Com-
monwealth as vouchers.

Section 31. The superintendent of said reformatory superintendent

,,, ,, liii •• ^ • to make annual

shall annually make to the commissioners ot prisons, on reportto the
or before the first day of November, a report of the affairs
of said reformatory, including a detailed statement of the
receipts and expenditures of the year ending on the thirtieth
day of September, with such other facts and such recom-
mendations as he shall desire to present, and such report,
together with the recommendationsof said commissioners,
shallbeincludedbythemin their annual report. Five hun-
dred copies of the superintendent's report shall be printed
separately from the report of the said commissioners, for
the use of the superintendent.

Section 32. Prisoners confined in said reformatory Prisoners may
may be employed, in the custody of an officer, upon any upoTiands!
lands or buildings owned by the Commonwealth in the ^"''<i'"S8> «^t«-
town of Concord, and whoever escapes from said land Escape.
shall be deemed to have escaped from said reformatory.

Section 33. When it shall appear to the commis- Permit to be at
sioners of prisons that any person imprisoned in said refor- conduioM^may
matory has reformed, they may issue to him a permit to commys's'ioners.
be at liberty during the remainder of his term of sentence,
upon siich conditions as they deem best ; and they may
revoke said permit at any time previous to its expiration :
provided, hoioever, that no permit shall be issued to a to be issued to
person transferred or removed from the state prison to sta'te°pri8o'",
said reformatory, except with the approval of the gov- provaTofg'J'v.
ernorand council. The violation by the holder of a permit, l"'^^^^^^
granted as aforesaid, of any of the terms or conditions of
such permit, or the violation of any of the laws of this
Commonwealth, shall of itself make void said permit.

Section 34. When any permit granted under the pro- if permit has
visions of the preceding section has been revoked, or has hoWm^'mayba
become void, as aforesaid, the commissioners of prisons '"'""^"ed.
may issue an order authorizing the arrest of the holder of
said permit and his return to said reformatory. Said of ^"e^st"^ ""^^^"^
order of arrest may be served by any officer authorized to
serve criminal process in any county in this Common-
wealth. The holder of said permit, when returned to said [^•rnedehaube'

228

1884. — Chapter 256.

Assistance for
discharged pris-
•oners.

Kepeal.

held according reformatory, as aforesaid, shall be detained therein ac-

to original sen- ,. , ^.i . /■ i • • • i . i •

tence. coiding to the terms or his original sentence ; and in com-

puting the period of his confinement the time between his
release upon said permit and his return to the reformatory
shall not be taken to be any part of the term of the
sentence.

Section 35. The commissioners of prisons may ex-
pend for the assistance of prisoners discharged from said
reformatory a sum not exceeding three thousand dollars
annually. And said commissioners of prisons shall receive
no compensation for their services under this act.

Section 36. So much of chapter three hundred and
ninety-one of the acts of eighteen hundred and seventy-
four as requires the sale of the state prison at Charlestown,
and the laud and property connected therewith, is hereby
repealed, and in lieu of the application of the proceeds of
such sale required by said act, the treasurer is hereby
directed to pay into the sinking fund thereby created, from
the revenue of the Commonwealth not otherwise appro-
priated, the sum of sixty thousand dollars, on or before
the first day of July in each year, for ten years, com-
mencing with the present year.

Section 37. This act shall take effect upon its passage.

Approved May 21, 1884.

Sinking fund.

Ch(ip.2i5Q '^N Act to provide a further supply of water for the

CITY OF CAMBRIDGE.

Be it enacted, etc., as follows :
May take waters Section 1. The city of Cambridge, for the purpose of

of Stony Bi:ook . ■, . i, -ii.i c • i

in waitham and Supplying Said City and the inhabitants thereof with pure
water for the extinguishment of fires, and for domestic and
other purposes, may take, hold and convey into and
through said city, either by the way of Fresh Pond or
otherwise, the waters of Stony Brook, in the towns of
Waitham and Weston, and of the tributaries thereof, with
any water rights connected therewith, and may also take
and hold by purchase or otherwise any land, rights of way,
easements and real estate necessary for laying, construct-
ing and maintaining aqueducts, water-courses, reservoirs,
storage basins, dams and such other works as may be
deemed necessary or proper for collecting, purifying, stor-
ing, retaining, discharging, conducting and distributing

Water to be re- said watcrs : pvovided, however, ihsit there shall be re-

May take land,
rights of way,
etc.

1884. — Chapter 256. 229

served from said waters sufficient for the town of Weston served for
to supply itself and its inhabitants with pure water for the
extino;ui8hment of fires and for domestic and other pur-
poses ; 'dxxA provided, further, that there shall also be water to be re-
reserved from said waters sufficient for the town of waitimm.
Waltham to supply itself and its inhabitants with pure
water for like purposes, whenever the legislature shall
grant to said towns the right to take water from the Stony
Brook or its tributaries. But until the water thus to be
reserved is actually diverted under any such legislative
grant, Cambridge shall have the right to the same, and in
any case to so much as is not thus diverted, in the same
manner as though these respective reservations had not
been made, 'a\i({ provided, that Cambridge shall not draw Proviso.
any water from said reservoir or storage basin for its own
use, or for the use of any other town or city except when
the water is running to waste over the dam, without the
consent of Waltham and Weston, and said dam shall be Dam to be com-
built and maintained by the city of Cambridge at an ele- "ne"year^and
vatiou of twenty feet above the top of the present dam on ^oun^three
Stony Brook at Roberts' Mills, and the construction of y^^""*-
said dam shall be commenced within one year, and com-
pleted within three years from the passage of this act.

Section 2. Said city shall, within sixtv days after To cause to be

, ,. ,T -i"; /» ^ "-1^ 4 recorded in the

taking any lands, rights or way, water rights, water registry of
sources or easements aforesaid, otherwise than by pur- u^rfoAheprop-
chase, for the purposes of this act, file and cause to be re- erty taken.
corded in the registry of deeds for the county and district
in which such land or other property is situated, a de-
scription thereof sufficiently accurate for identification,
with a statement of the purpose for which the same was
taken, which statement shall be signed by the mayor.

Section 3. Said city, for the purposes aforesaid, may May construct
construct aqueducts and maintain the same ; may construct dams.'^'^
and maintain dams, reservoirs, storage basins and other
proper works ; may erect buildings and machinery ; may
make and establish such public fountains and hydrants as
may from time to time be deemed proper, and may change
or discontinue the same ; may regulate the use of water,
and establish the price or rates to be paid therefor, and
collect the same by process of law. Said city may also. May dig up

„ ., '...-. . -, " . roads and ways.

tor the purposes aioresaid, carry any pipe, drain or aque-
duct over or under any river, water-course, street, rail-
road, public way, highway or other way, in such manner

230

1884 — Chapter 256.

dition.

as not unnecessarily to obstruct the same, and may enter

upon and dig up such road, street or way for the purpose

of laying down, maintaining or repairing any pipe, drain

or aqueduct, and msiy do any other things necessary and

proper in executing the purposes of this act.

onhecu^toV Section 4. If said city enters upon and digs up, for

restored to good the purposes aforcsaid, or by reason of anything author-
order and con- •->,,. . . -, i • i •

ized by this act, injures any road, street or way which is
outside the limits of said city, it shall be subject to such
reasonable regulations as may be prescribed by the select-
men of the town, or the mayor and the aldermen of the
city, in which such road, street or way is located, and shall
restore the same to as good order and condition as it was
in when such digging commenced, or before such injury
occurred ; and the work shall be done and all repairs be
made in such manner and with such care as not to render
any road, street or way in which such pipes are laid, un-
safe or unnecessarily inconvenient to the public travel
thereon. Said city shall at all times indemnify and save
harmless any such city or town which is liable to keep in
repair any road, street or way aforesaid, against all dam-
ages and costs which may be recovered against it and
shall reimburse to it all expense which it shall reasonably
incur in the defence of suits or otherwise by reason of any
defect or want of repair in such road, street or way,
caused by the placing, maintenance, repairing or replacing
of said pipes, or by reason of any injury to persons or
property, caused by any defect or want of repair in any
such pipes : provided, that said city has notice of any
claim or suit for such damage or injury, and an oppor-
tunity to assume the defence thereof.

Section 5. Said city shall be liable to pay all damages
sustained by any persons or corporations by the taking of,
or injury to, any of their land, water, water rights, rights
of way, easements or property, or by the constructing or
repairing of any aqueduct, reservoir or other works, for
the purposes aforesaid. If any person sustaining damage,
as aforesaid, does not agree with said city upon the
amount of said damage, he may, within three years from
such taking, and not afterwards, apply by petition for an
assessment of the damage to the superior court in the
county in which the property taken or damaged is situ-
ated. Such petition may be filed in the clerk's ofBce of
said court, in vacation or in term time, and the clerk shall

Liability for
damages.

1884. — Chapter 256. 231

thereupon issue a summons to the said city, returnable, if
issued in vacation, at the next term of the court to be held
after the expiration of fourteen days from the filing of the
petition ; and if in term time, returnable on such day as
the court shall order, to appear and answer to the petition.
The summons shall be served fourteen days at least before
the terra or day at which it is returnable, by leaving a
copy thereof and of the petition, certified by the oflScer
who serves the same, with the clerk of said city ; and the
court may, upon default or hearing of said city, appoint
three disinterested persons who shall, after reasonable
notice to the parties", assess the damages, if any, which
such petitioner may have sustained as aforesaid ; and the Award to be
award of the persons so appointed, or a major part of
them, being returned into and accepted by the court, shall
be final, and judgment shall be rendered and execution
issued thereon for the prevailing party with costs, unless
one of the parties claims a trial by jury as hereinafter pro-
vided.

Section 6. If either of the parties mentioned in the Tnaibyajury.
preceding section is dissatisfied with the amount of dam-
age awarded, as therein expressed, such party may, at
the term at which such award was accepted or the next
term thereafter, claim, in writing, a trial in said court,
and have a jury to hear and determine at the bar of said
court all questions of fact relating to such damages, and
to assess the amount thereof; and the verdict of the jury. Verdict to be
being accepted and recorded by the court, shall be final
and conclusive, and judgment shall be rendered and
execution issued thereon, and costs shall be recovered by
the parties, respectively, in the same manner as is pro-
vided by law in regard to proceedings relating to the laying
out of highways.

Section 7. No application shall be made to the court Appiicaticn for
for the assessment of damages for the taking of any water be'SSuntn*'
rights, or for any injury thereto, until the water is ac- ^^tMrawn?*"^
tually withdrawn or diverted by said city under the au-
thority of this act.

Section 8. In every case of a petition to the superior Tender for
court for an assessment of damages, as provided in this *™^^®*'
act, the city may tender to the complainant or his attor-
ney any sum, or may bring the same into court to be paid
to the complainant for the damages by him sustained or
claimed in his petition, or may in writing oflTer to be

232

1884. — Chapter 25G.

Cambridge held
to pay damages.

Waltham to pay
a fair propor-
tion.

If Cambridge
and Waltham
cannot agree,
either may ap-
ply to the supe-
rior court.

Rights and lia-
bilities.

Additional
water loan for
Cambridge, not
to exceed

$500,000.

defaulted, and that damages may be awarded against it
for the sum therein expressed, and if the complainant does
not accept the sum with his costs up to that time, but
proceeds in his suit, he shall be entitled to his costs up to
the time of the tender of such payment into court, or offer
of award, and not afterwards, unless the complainant
recovers greater damages than were so offered.

Section 9. In estimating the damages for anything
taken under this act, the city of Cambridge shall be held
to pay as if there were no reservation in the first section
hereof in favor of Weston and Waltham, and if the town
of Waltham shall ever take any part of the water reserved
for it in the first section hereof, it shall pay to Cambridge
a fair proportion of the damages paid by Cambridge for
water and water rights taken, and if Waltham takes from
any reservoir or pipes constructed by Cambridge, under
the authority of this act or any act in amendment hereof
it shall pay to Cambridge a fair proportion of the cost to
Cambridge, excluding interest, of the works connected
with said reservoir or pipes. If Cambridge and Waltham
cannot agree as to the sums to be paid, either party may
apply to the superior court, in the county of Middlesex,
and the court upon such notice to the other party as it
may order, shall appoint three commissioners, who shall,
after reasonable notice fi.x the amount to be paid, and the
award of them or a major part of them being returned
into, and accepted by the court shall be final, and judg-
ment shall be rendered and execution issued thereon, and
the court may award costs to either party as may seem to
the court just and equitable, and execution shall issue
therefor.

Section 10. All the rights, powers and authority
given to the city of Cambridge by this act shall be exer-
cised by said city, subject to all duties, liabilities and
restrictions herein contained, in such manner and by such
agents, officers and servants as the city council shall from
time to time ordain, direct and appoint.

Section 11. For the purpose of defraying the cost of
such franchises, property, lands, easements, water and
water rights as may be purchased, taken or held for the
purposes aforesaid, and of constructing the works author-
ized by this act, and paying all expenses incident thereto,
the city council of Cambridge shall have authority to issue
in addition to what it is already authorized by law to issue,

1884. — Chapteh 256. 233

scrip or bonds, to be denominated on the face thereof
" Cambridge Water Loan," to an amount not exceedino;
five hundred thousand dollars, bearing interest not exceed-
ing six per centum per annum, payable semi-annually, the
principal to be payable at periods of not more than thirty
years from the issuing of such scrip or bonds respectively.
Said city council may sell the same, or any part thereof,
from time to time, or pledge the same for money borrowed
for the above purposes ; but the same shall not be sold or
pledged for less than the par value thereof. The provis- sinking fund.
ions of section eight of chapter one hundred and fifty-
three of the acts of the year eighteen hundred and
sixty-five, and of section two of chapter one hundred and
forty-five of the acts of the year eighteen hundred and
seventy-five, in regard to establishing and maintaining a
sinking fund for the redemption of the " Cambridge
Water Loan," shall apply to this act; and said sinking
fund shall remain sacred and inviolate, and pledged to the
payment and redemption of said debt and shall be used
for no other purpose. The provisions of the tenth and
eleventh sections of chapter twenty-nine of the Public
Statutes shall, so far as applicable, apply to said sinking
fund.

Section 12. The occupant of any tenement shall be Liability for
liable for the payment of the rent for the use of the water water?*^ "*^ *^
in such tenement, and the owner thereof shall be also
liable if, on being notified of such use, he does not object
to the same.

Section 13. All acts and measures necessary to pre- Expense to be
serve and maintain the purity and to prevent the pollution Cambndge.
of the waters of said Stony Brook shall be performed,
and the expense and damages thereof paid by the city of
Cambridge.

Section 14. Whoever wantonly or maliciously diverts Penalty for di-
the water, or any part thereof, taken or held by said city rupung wa*ter!
pursuant to the provisions of this act, or corrupts the
same, or renders it impure, or destroys or injures any
dam, aqueduct, pipe, conduit, hydrant, machinery or other
works or property, held, owned or used by said city under
the authority and for the puposes of this act, shall forfeit
and pay to said city three times the amount of the damages
assessed therefor, to be recovered in an action of tort ;
and on conviction of either of the wanton or malicious acts
aforesaid may also be punished by fine not exceeding three

234

1884. — Chapter 257.

Weston and
Waltham not
prevented from
taking water
from brook.

Cambridge may
supply Belmont
and Watertown
■with water.

To be accepted
within three
months, and
work com-
menced within
one year.

hundred dollars, or by imprisonment not exceeding one
year in the house of correction in said county of Middle-
sex.

Section 15. Nothing contained in this act shall be so
construed as to prevent the inhabitants of the towns of
Weston and Waltham from taking from said brook, or its
tributaries, so much of the water as shall be necessary for
extinguishing fires, and for all domestic and other pur-
poses.

Section 16. The city of Cambridge is hereby author-
ized, if said city shall deem it expedient so to do, to sup-
ply the towns of Belmont and Watertown, or either of
them, with water in such quantities, under such condi-
tions and upon such terms as may be agreed upon between
said city of Cambridge and said towns, or either of them.

Section 17. This act shall take effect upon its passage ;
but shall become void unless it is accepted by the city
council of Cambridge within three months from its pas-
sage, and unless work is commenced under it within one
year from its passage. Approved May 21, 1884.

Waltham may
take waters of
Stony Brook in
Waltham and
Weston.

Ghap.^&l An Act to provide a further supply of water for the

TOWN OF WALTHAM.

Be it enacted, etc., as follows:

Section 1. The town of Waltham, for the purpose of
supplying said town and the inhabitants thereof with pure
water for the extinguishment of tires and for domestic and
other purposes, may take, hold and convey into and
through said town, the waters of Stony Brook in the towns
of Waltham and Weston, and of the tributaries thereof, and
any water rights connected therewith, and may also take
and hold by purchase or otherwise any land, rights of way,
easements and real estate necessary for laying, construct-
ing and maintaining aqueducts, water-courses, reservoirs,
storage basins, dams and such other works as may be
deemed necessary or proper for collecting, purifying,
storing, retaining, discharging, conducting and distribut-
ing said waters.

Section 2. Said town shall, within sixty days after
taking any lands, rights of way, water rights, water
sources or easements aforesaid otherwise than by pur-
chase, for the purposes of this act, tile and cause to be
recorded in the registry of deeds for the county and dis-
trict in which such land or other property is situated, a

To cause to be
recorded in reg.
istry of deeds a
description of
land, etc., taken.

1884. — Chapter 257. 235

description thereof sufficiently accurate for identification,
with a statement of the purpose for which the same was
taken, which statement shall be signed by the water com-
missioners of the town.

Section 3. Said town, for the purposes aforesaid, may Mayconstiuct

1 , t • J • j^i and maintain

construct aqueducts and mamtani the same; may con- dams and reser-
struct and maintain dams, reservoirs, storage basins and ^°"*'
other proper works ; may erect buildings and machinery ;
may make and establish such public fountains and
hydrants as may from time to time be deemed proper, and
may change or discontinue the same ; may regulate the use
of water, and establish the price or rates to be paid there-
for, and collect the same by process of law. Said town May regulate

, ,. . , * /• • 1 • use of water,

may also, tor the purposes atoresaid, carry any pipe, and establish
drain or aqueduct over or under any river, water-course, ^^*'''''^^«*-
street, railroad, public way, highway or other way, in such
mnnuer as not unnecessarily to obstruct the same, and ^a^J^ifi^ways.
may enter upon and dig up such road, street or way for
the purpose of laying down, maintaining or repairing any
pipe, drain or aqueduct, and may do any other things
necessary and proper in executing the purposes of this act.

Section 4. If said town enters upon and digs up for subject to regu.
the purposes aforesaid, or by reason of anything author- men of towns
ized by this act injures any road, street or way which is ^cat*ed'°*
outside the limits of said town, it shall be subject to such
reasonable regulations as may be prescribed by the select-
men of the town, or the mayor and aldermen of the city,
in which such road, street or way is located, and shall re-
store the same to as good order and condition as it was in
when such digging commenced, or before such injury
occurred ; and the work shall be done and all repairs be
made in such manner and with such care as not to render
any road, street or way, in which such pipes are laid, un-
safe or unnecessarily inconvenient to the public travel
thereon. Said town shall at all times indemnify and save Town toindem-

1 , »•, I'l'Tiiji • nify other places

harmless any such city or town which is liable to keep in against dam-
repair any road, street or way aforesaid, against all dam- "^^*"
ages and costs which may be recovered against it, and
shall reimburse to it all expense which it shall reasonably
incur in the defence of suits or otherwise by reason of any
defect or want of repair in such road, street or way,
caused by the placing, maintenance, repairing or replac-
ing of said pipes, or by reason of any injury to persons or
property, caused by any defect or want of repair in any

236

1884 — Chapter 257.

Proviso.

Damages for
taking land, etc.

If parties fail to
agree, applica-
tion may be
made to supe-
rior court.

Assessment of
damages.

Party dissatis-
fied may claim a
trial by a jury.

Verdict to be
final.

such pipes : provided^ that said town has notice of any
claim or suit for such damage or injury, and an oppor-
tunity to assume the defence thereof.

Section 5. Said town shall be liable to pay all dam-
ages sustained by any persons or corporations by the tak-
ing of, or injury to, any of their land, water, water rights,
rights of way, easements or property, or by the construct-
ing or repairing of any aqueduct, reservoir or other
works, for the purposes aforesaid. If any person sustain-
ing damage, as aforesaid, does not agree with said town
upon the amount of said damage, he may, within three
years from such taking, and not afterwards, apply by
petition for an assessment of the damage to the superior
court in the county in which the property taken or dam-
aged is situated. Such petition may be filed in the
clerk's office of said court, in vacation or in term time,
and the clerk shall thereupon issue a summons to the said
town, returnable, if issued in vacation, at the next term
of the court to be held after the expiration of fourteen
days from the filing of the petition ; and if in term time,
returnable on such day as the court shall order, to appear
and answer to the petition. The summons shall be served
fourteen days at least before the term or day at which it
is returnable, by leaving a copy thereof and of the peti-
tion, certified by the officer who serves the same, with the
clerk of said town; and the court may, upon default or
hearing of said town, appoint three disinterested persons
who shall, after reasonable notice to the parties, assess
the damages, if any, which such petitioner may have sus-
tained as aforesaid ; and the award of the persons so
appointed, or a major part of them, being returned into
and accepted by the court, shall be final, and judgment
shall be rendered and execution issued thereon for the
prevailing party with costs, unless one of the parties
claims a trial by jury as hereinafter provided.

Section 6. If either of the parties mentioned in the
preceding section is dissatisfied with the amount of dam-
age awarded, as therein expressed, such party may, at the
term at which such award was accepted or the next term
thereafter, claim, in writing, atrial in said court, and have
a jury to hear and determine at the bar of said court all
questions of fact relating to such damages, and to assess
the amount thereof; and the verdict of the jury, being
accepted and recorded by the court, shall be final and con-

1884. — Chapter 257. 237

elusive, and judgment shall be rendered and execution
issued thereon, and costs shall be recovered by the parties
respectively, in the same manner as is provided by law in
regard to proceedings relating to the laying out of high-
ways.

Section 7. No application shall be made to the court Damages not to
for the assessment of damages for the taking of any water untu water is'
rights, or for any injury thereto, until the water is actually '^''^^"''^•
withdrawn or diverted by said town under the authority
of this act.

Section 8. In every case of a petition to the superior Tender for dam
court for an assessment of damages, as provided in this
act, the town may tender to the complainant or his attor-
ney any sum, or may bring the same into court to be paid
to the complainant for the damages by him sustained or
claimed in his petition, or may in writing offer to be de-
faulted, and that damages may be awarded against it for
the sura therein expressed, and if the complainant does
not accept the sum with his costs up to that time, but pro-
ceeds in his suit, he shall be entitled to his costs up to the
time of the tender of such payment into court, or offer of
award, and not afterwards, unless the complainant re-
covers greater damages than were so offered.

Section 9. The town of Waltham shall not proceed J°orernor
nor take anvthino; under this act by purchase or other- take anything

J C? J r ^ under this act

wise, until atter the expiration oi one year irom its pas- until after one
sage, nor shall this act authorize said town to take any ^^^^'
lands, rights of way or easements, which at the expiration
of said year may then have been taken by purchase or
otherwise, by the city of Cambridge, under any authority
now or hereafter granted to said Cambridge, to take the
waters of Stony Brook and its tributaries, nor to interfere
with any aqueduct, reservoir, storage basin, dam or other
work which may hereafter be constructed or in process of
construction by said Cambridge, under such grant : pro-
vided, however^ that Cambridge shall, if Waltham so Provisos,
elects, supply to Waltham from any such reservoir or
storage basin or, by agreement from any pipe, the said
water from Stony Brook, or such part thereof as Waltham
may desire, the same to be taken at the reservoir or pipe,
and Waltham shall have the right to lay and maintain a
pipe to such reservoir or pipe ; and provided, that Cam-
bridge shall not draw any water from said reservoir or
storage basin for its own use or for the use of any other

238

1884. — Chapteb 257.

Payments for

between Cam-
bridge and
Waltham.

If Cambridge
and Waltham
fail to agree,
commissioners
to be appointed
to fix the
amount to be
paid.

Water commis.
sioners to direct
the performance
of the work.

city or town except when the water is running to waste
over the dam, without the consent of Waltham and Wes-
ton, and said dam shall be built and maintained by the
city of Cambridge at an elevation of twenty feet above
the top of the present dam on Stony Brook at Roberts^
Mills.

Section 10. If at the time Waltham under this act
takes water from the Stony Brook or its tributaries, the
city of Cambridge, under any of the acts of the year eigh-
teen hundred and eighty-four, shall have taken the waters
of Stony Brook and its tributaries, Waltham shall pay to
Cambridge a fair proportion of the damages paid by the
city of Cambridge, or for which said city may be liable
by reason of any waters and water rights so taken by
Cambridge, and if Waltham takes from any reservoir or
pipes constructed by Cambridge, under the authority of
the acts of the year eighteen hundred and eighty-four or
any act in amendment thereof, it shall pay to Cambridge
a fair proportion of the cost to Cambridge, excluding in-
terest, of the works connected with said reservoir or
pipes. If Cambridge and "Waltham cannot agree as to
the sums to be paid, either party may apply to the supe-
rior court, in the county of Middlesex, and the court
upon such notice to the other party as it may order, shall
appoint three commissioners, who shall, after reasonable
notice, fix the amount to be paid, and their award or the
award of a major part of them being returned into and ac-
cepted by the court shall be final, and judgment shall be
rendered and execution issued thereon, and the court
may award costs to either party as may seem to the court
just and equitable, and execution shall issue therefor.

Section 11. The water commissioners of said town,
elected under the provisions of the three hundred and
thirty-seventh chapter of the acts of the year eighteen
hundred and seventy-two, shall execute, superintend and
direct the performance of all the works, matters and
things mentioned in this act, and exercise all the rights,
powers and privileges hereby granted and not otherwise
specifically provided for herein, subject to the vote of the
town. The town of Waltham is authorized, if said town
shall deem it expedient so to do, to supply the town of
Weston with water from her present source of water sup-
ply, or from Stony Brook from the waters therein reserved
for the use of the towns of Waltham and Weston.

1884. — Chapter 257. 239

Section 12. Nothing in this act contained shall be so Town of
construed as to prevent the town of Weston or any cor- be prevented
poration created to supply said town with water, from luppiyoYwltcr.
taking so much of the waters of Stony Brook and its
tributaries as may be necessary to supply the town of
Weston and its inhabitants with water to extinguish fires,
generate steam, for public fountains and hydrants, and
for domestic and other uses : provided, that if said town Proviso.
or corporation shall take the same from any reservoir or
reservoirs which may be constructed or maintained under
the provisions of this act, or any act in amendment
hereof, it shall from time to time pay to Waltham a fair
proportion of the cost to Waltham, excluding interest, of
constructing such reservoirs, but including therein the
damages and costs paid by Waltham for land, water
rights and easements purchased or taken therefor, or for
the purposes of securing a sufficient supply of water, and
preserving the purity thereof; and so long as it shall take
water from any of such reservoirs it shall annually pay to
Waltham a fair proportion of the expenses which that
town shall reasonably incur in the maintenance of said
reservoirs, and in securing and preserving the purity of
the waters thereof. If Waltham and Weston, or such ifWaitham and
corporation, cannot agree as to the sums to be paid, agree^commis-
either party may apply to the superior court in the appointed.^*
county of Middlesex, and the court upon such notice to
the other party as it may order, shall appoint three com-
missioners, who shall, after reasonable notice, fix the
amount to be paid, and whose award or the award of a
major part of whom, being returned into, and accepted
by the court shall be final, and judgment shall be rendered
and execution issued thereon, and the court may award
costs to either party as may seem to the court just and
reasonable, and execution shall issue therefor.

Section 13. The said town of Waltham may, for the waitham water
purpose of paying the necessary expenses and liabilities ^x°ceed$ioo°ooo.
incurred under the provisions of this act, issue from time
to time coupon bonds, signed by the treasurer and coun-
tersigned hy the selectmen of said town, to be denominated
" Waltham Water Bonds," to an amount not exceeding
one hundred thousand dollars, payable at periods not
exceeding thirty years from the date thereof, with interest
payable semi-annually at a rate not exceeding six percent,
per annum ; and said town may sell said bonds at public

240 1884. — Chapter 258.

or private sale or pledge the same for money borrowed
for the purposes of this act, upon such terms and condi-
tions as it may deem proper.
f8?2!33n§li2 Section 14. The eighth, ninth, tenth, eleventh and
to apply. twelfth sections of the three hundred and thirty -seventh

chapter of the acts of the year eighteen hundred and
seventy-two shall, except a^ herein otherwise provided,
apply to this act.
fe"p^ancebrthe ^ECTiON 15. This act shall take effect upon its passage,
town within one but shall bccomc void unless accepted bv a maioritv of
the legal voters of said town present and voting thereon
at a legal meeting held for the purpose within one year
from the passage hereof. Approved May 21, 1884.

Cha2J.25S An act concerning comjutments to the state workhouse

Be it enacted, etc., as follows:
fo^^ewwk. Section 1. Persons committing the offences named in
house. sections twenty-nine and forty-twoof chapter two hundred

and seven of the Public Statutes may be sentenced to the
state workhouse for not less than six months nor more
than two years, as is now provided in case of tramps by
Punishment for sectiou thirty-eight of Said chapter ; and all persons who
escape. shall abscoud or escape from the state almshouse, or from

the state workhouse, not being sentenced in mates thereof,
and within one year thereafter be found within any city
or town soliciting public charity, shall be punished by
imprisonment in the state workhouse for a term not ex-
ceeding one year.
Complaints. SECTION 2. Complaints arising under this act may be

made and prosecuted by any overseer of the poor, or by
the directors of public institutions in the city of Boston,
or by such agents not exceeding two in number as may
be appointed by the state board of health, lunacy and
Police court of charity and specially designated for this purpose ; and the
hoidlesTions for poHcc court of LowcU may hold sessions for the trial of
trials. g^j^jj persons as are complained of, being inmates of the

state almshouse, within the town of Tewksbury in the
county of Middlesex, at such times as said court may
appoint.
j^ri'sXtionwith Section 3. The police court of Lowell shall have juris-
certein other dictiou of the offcnccs described in this act, concurrently

courts.

with any other court having jurisdiction thereof, when
committed in any part of the county of Middlesex without
the district of said court, and the police court of Lawrence

1884. — CHArTEKS 259, 2G0. 241

and the first district court of Essex respectively shall have
the same concurrent jurisdiction of said offences when
committed in any part of the county of Essex without the
respective districts of said courts.

Section 4. This act shall take effect on the first day
of July next. Approved May 22, 1884.

An Act to authorize the revere water company to increase C'/irt W.259

ITS capital stock, and to supply the town of WINTUROP

with water.
Be it enacted, etc., as follows:

Section 1. In case the Revere AVater Company, a May increase
corporation established under chapter one hundred and u contracts to
forty-two of the acts of the year eighteen hundred and uXp wuh"
eighty-two, shall contract with the town of Winthrop to ^^'"^*"^-
supply said town with water for the extinguishment of
fires, and for other purposes as authorized by said act,
said corporation may increase its capital stock so that the
same shall not exceed in all one hundred and twenty-five
thousand dollars; and may, under the direction of the May enter upon
selectmen or road commissioners of said town, enter upon roads!^"^
and dig up any road or way for the purpose of laying or
repairing its aqueducts, pipes or other works in said
town, and may distribute water through said town, and
establish and collect rates therefor in like manner as by
said act it is authorized to do in the town of Revere.

Section 2. This act shall take effect upon its passage.

Approved May 22, 1884.

An Act for the further relief of bail upon the death of QJfff^y 260
the principal.

Be it enacted, etc., as follows:

Section twelve of chapter one hundred and sixty-three Relief of ban
of the Public Statutes is hereby amended to read as fol- prh'dpti!
lows : — Section 12. The bail may surrender the principal
in the court when the scire facias is pending at any time
before final judgment therein against them, and on paying
the costs of the scire facias up to that time they shall be
discharged. And in case of the death of the principal
before final judgment on the scire facias, the bail shall
also be discharged by furnishing to the court satisfactory
proof of such death, and by paying all costs on the .scire
facias to that time. Approved May 22, 1884.

242 1884. — Chapters 2G1, 262.

Chan.1Q>\ ^^ ^^"^ "^^ authorize an increase of the capital stock of

THE LAMSON CASH RAILWAY COMPANY,

Be it enacted^ etc., as follows:
May increase SECTION 1. The Lamsoii Cish Railway Company is

capita 8toc . ijgj.g^y authorized to increase its capital stock from time
to time by vote of its directors to an amount which to-
gether with the capital heretofore authorized shall not ex-
shares not to be cccd iu the aggregate two million dollars: provided, that
iiTairparvIuie. "o sharcs lu the capital stock hereby authorized shall be
issued for a less sum to be actually paid in on each share
than the par value thereof, which shall not be less than
Certificate to be ouc huudrcd dollai's; and also 2^rovided, that a certificate
fiw within ten grating the amouut of any such increase shall within ten
days thereafter be made, signed and sworn to by its presi-
dent, treasurer and a majority of its directors, and be filed
in the office of the secretary of the Commonwealth.

Section 2. This act shall take effect upon its passage.

Approved May 22, 1884.

Chap.262

An Act to incorporate the uousatonic water company.
Be it enacted, etc., as follows:
Housatonic Section 1. Thcodorc Giddiuijs, Orrcn C. Houghtaliug,

WaterUompany i r^ t. . t i • • ^

iiicorporateti. iimothy Z. I'otter and their associates and successors are
hereby made a corporation by the name of the Housatonic
Water Company, for the purpose of furnishing the inhabi-
tants of the village of Housatonic in the town of Great
Barrington with water for the extinguishment of fires and
for domestic and other purposes ; with all the powers and
privileges and subject to all the duties, restrictions and
liabilities set forth in all general laws which now are or
may hereafter be in force applicable to such corporations.
May take water SECTION 2. The Said corporation for the purposes
Long Lake. aforcsald may take by purchase or otherwise and hold all
the water of Long Pond or Long Lake, so called, in the
town of Great Harrington, and the water rights connected
therewith, and may purchase other water sources, and
may take by purchase or otherwise and hold all lands,
rights of way and easements necessary for holding and
preserving such water and for conveying the same to, into
and through said village of Housatonic and its vicinage
by a course or route commencing at or near the outlet of
said Long Pond or Long Lake and following the stream
therefrom or near thereto and passing thence to or near

1884. — Chapter 2G2. 213

to the village of Van Deusenville, and thence to the village
of Housatonic ; and may erect on the land thus taken or May erect dans
held proper dams, buildings, fixtures and other structures,
and may make excavations, provide such means and appli-
ances as may be necessary for the establishment and
maintenance of complete and effective water works ; and
may construct and lay down conduits, pipes and other
works under or over any lands, water courses, railroads
or public or private ways and along any such ways in
such manner as not unnecessarily to obstruct the same ;
and for the purpose of constructing, maintaining and re- May dig up i.imi
pairing such conduits, pipes, and other works and for all "f the select me".
proper purposes of this act said corporation may dig up
any such lands, and, under the direction of the board of
selectmen of the town in which any of such ways are situ-
ated, may enter upon and dig up any such ways in such
manner as to cause the least hindrance to public travel on
such ways.

Section 3. The said corporation shall within sixty To have re-
days after the taking of any lands, rights of way, water ^egisuy "f ^
rights, water sources or easements as aforesaid, other fjon^'onhe'^land"
than by purchase, file and cause to be recorded in the *=''^'""-
registry of deeds for the southern district of Berkshire
county within which such lands or other property is situ-
ated, a description thereof sufficiently accurate for identi-
fication, with a statement of the purpose for which the
same were taken, signed by the president of the corpo-
ration.

Section 4. The said corporation shall pay all damages Liabiniy for
sustained by any person in property by the taking of any '''™''^*'*-
land, right of way, water, water source, water right or
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damages as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined
in the manner provided by law when land is taken for the
laying out of highwajs, on an application at any time
within the ]ieriod of three years from the taking of such
land or other property, or the doing of other injury, under
the authority of this act ; but no such application shall be
made after the expiration of said three years. No appli- Damages not to
cation for the assessment of damages shall be made for unurwau-l is"^
the taking of any water, water right, or for any injury j^a^"^"^'^^"

244 1884. — Chapter 262.

thereto until the water is actually withdrawn or diverted
by said corporation under the authority of this act.
May establish SECTION 5. The Said Corporation may distribute the

and collect •■••ii t • t •

water rates. watcr through Said village of Housatonic and its vicinage
and villages and other hamlets and places along its route
or course from said Long Pond or Long Lake ; may reg-
ulate the use of said water and establish and collect rates

Maj- contract to to bc paid for the use of the same ; and may make such

suppjwater. contracts with the town of Great Barrington or with any
fire district that is or may hereafter be established there-
in, or with any individual or corporation, to supply water
for the extinguishing of fire or for other purposes, as may
be agreed upon by said town or such fire district, individ-
ual or corporation, and said corporation.

Real estate and SECTION 6. The Said corporatiou may, for the pur-

capital slock. /> . . i . i i i i i •

poses set forth in this act, hold real estate not exceeding
in amount ten thousand dollars ; and the whole capital
stock of said corporation shall not exceed twenty thou-
sand dollars to be divided into shares of one hundred
dollars each.
Penalty for di- SECTION 7. Whocver wilfully or wantonly corrupts,
lupiingwa'teri] pollutcs or divcrts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said corporation under the author-
ity and for the purposes of this act, shall forfeit and pay
to said corporation three times the amount of damages
assessed therefor, to be recovered in an action of tort ;
and upon conviction of either of the above wilful or wanton
acts shall be punished by a fine not exceeding three hun-
dred dollars or by imprisonment not exceeding one year.
^ras'ecure^by^* SECTION 8. Thc said corpoiatioH may issue bonds and
mortgage. sccurc the samc by a mortgage on its franchise and other
property to an amount not exceeding its capital stock
actually paid in and applied to the purposes of its incor-
poration.
Town of Great SECTION 9. The Said towu of Great Barrington and

Barrington may ,.. . ^ , itlj

purchase fran- any fare district that IS, or may hereafter be, established
c use an prop- ^^jjgj.gjjj q\^^\\ have the right, at any time during the con-
tinuance of the charter hereby granted, to purchase the
franchise, corporate property and all the rights and privi-
leges of said corporation at a price which may be mutually
agreed upon between said town or such fire district and
said corporation ; and the said corporatiou is authorized
to make sale of the same to said town or to such fire dis-

188^. — Chapter 263. 245

trict. In case said corporation and said town or such fire if parties faiito

district are unable to agree, then the compensation to be uon mayV"*"

paid shall be determined by three commissioners, to be ""^'^^ ^° ^" '^' ^"

appointed by the supreme judicial court upon application

of either party and notice to the other, whose award, when

accepted by said court, shall bo binding upon all parties.

This authority to purchase said franchise and property is subject to as-

J r _ r L J sent of the town

granted on condition that the same is assented to by said town by a twothirda

~ vote

or such fire district, by a two thirds vote of the voters of
said town or such fire district, present and voting there-
on at a meeting called for that purpose.

Section 10. The county commissioners for the county security for

. -^ . "^ payment of dam-

within which any land, water or water rights taken under ages may be re-
ihis act is situated, shall, upon application of the owner nished.
thereof, require said corporation to give satisfactory se-
curity for the payment of all damages and costs which
may be awarded such owner for the land or other property
so taken ; but previous to requiring such security the
county commissioners shall, if application therefor is
made by either party, make an estimate of the damages
which may result from such taking, and the county com-
missioners shall in like manner require further security, if
at any time the security before required appears to them
to have become insufficient ; and all the right or authority
of said corporation to enter upon or use such land or other
property, except for making surveys, shall be suspended
until it gives the security so required.

Section 11. This act shall take effect upon its pas- to be organized

1 11 1 • 1 • 1 • 1 11 'Within three

sage, but shall become void unless the said corporation shall years.
be organized within three years from the passage of this
act. Approved May 22, 1884.

An Act to provide for public parks in the city of w^or- (7/i«».263

CESTER.

Be it enacted, etc., as folloios:

Section 1. The city of Worcester by its city council i^iay take land

. . . . •' „ ^ •' /> .1 . for public parks,

may at any time within one year alter the passage or this
act take and hold by purchase or otherwise for the pur-
pose of public parks all or any part of the land in said
city which is bounded northerly by Highland street, east-
erly by Park avenue and southerly and westerly by
Pleasant street, and also all or any part of the land in said
cit}^ bounded southerly by land of the trustees of the Wor-
cester lunatic hospital, easterly by Lake Quinsigamond,

246

1884. — Chapter 264.

To file in regis-
try of deeds a
description of
land taken.

City of Worces-
ter to pay dam-
ages.

northerly by Lincoln street and westerly by Lake avenue,
as located by decree of the said city council dated September
twenty-second, eighteen hundred and seventy-three, and
with the right to appropriate a portion of the land first
described to be used as a reservoir.

Section 2. Said city, within sixty days after Bald
city council votes to take any land under said act, shall
file in the registry of deeds situate in the city of Worces-
ter a description of the land taken sufficiently accurate for
identification, which description shall be signed by the
mayor of said city, and the title of the land taken shall
vest in the said city from the time of filing such description.

Section 3. The city of Worcester shall pay all dam-
ages sustained by any person or corporation by the taking
of any land under this act, and if the owner of any land
taken shall not agree with said city upon the damages to
be paid therefor, such damages shall be assessed and
determined in the manner provided where land is taken
for the laying out of highways.

Section 4. This act shall take effect upon its passage.

Approved May 23, 1884.

Chav.2G4: ^^ ^^^ ^^ protect

THE FISHERIES OF THE TOWNS OF MASHPEE
AND BARNSTABLE.

Fisheries regu-
lated in
Mashpee.

Seining not al-
lowed.

Be it enacted, etc., as follows:

Section 1. No person not an inhabitant of the town
of Mashpee shall fish for or take from the waters within
said town, except Hamblin's Pond and its outlet, and ex-
cepting the trout fishery in Popponessett Bay, south of a
line drawn from Goosei)erry Island to Mashpee Neck, any
fish, shell-fish or eels, without a written permit or lease
from the selectmen of said town, stating the time, place,
manner and number in which the same may be taken ;
nor shall any inhabitant of said town at any one time take
more than three bushels of shell-fish for bait, or take any
fish, shell-fish or eels for the purpose of selling the same,
without a written permit from said selectmen, who may
grant the same for such sum, to be paid to the use of
said town, as they shall deem proper: provided, however,
that no seining shall be allowed in any of the waters of
said town ; but the inhabitants of said town may take such
fish, shell-fish and eels for family use without such per-
mit, except from such fisheries as are lawfully leased
by said town to others.

1884. — Chapter 2G5. 247

Section 2. Whoever fishes for, takes or destroys any Penalties.
fish, shell-fish or eels in the waters of said town of Mash-
pee in violation of the provisions of this act, or otheiwise
than is specified in his permit, and whoever wilfully
places any obstruction to, or otherwise interferes with, the
fioe passage of fish or eels in said waters, shall for each
otfence be subject to a fine of not less than fifty nor more
than one hundred dollais and costs of prosecution, and if
he have a permit shall forfeit the same ; and all fines
under this act shall be paid, one-half to the town of Mash-
])ee and one-half to the complainant. Said fine and
forfeiture imposed under this act, may be recovered by
complaint before any trial justice, or by indictment befoie
any court of competent jurisdiction in Barnstable County.

Section 3. Any constable or fishwarden of said town cnnotabieor
may, without a warrant, arrest any person whom he finds arreJt'without"a
in the act of fishing for, taking or destroying fish, shell- warrant.
fish or eels, in violation of this act, or in the act of carry-
ing away fish, shell-fish or eels so taken, and detain hini
in some place of snfe keeping until a warrant can be pro-
cured against such person upon a complaint for said
offences, or either of them '.provided, that such detention
shall not exceed twenty-four hours.

Section 4. Section one of chapter thirty-five of the Piehenes reitu-
acts of the year eighteen hundred and fifty-two is hereby and'^oUitr'"^''"'^^
amended so as to read as follows : — No person shall set, stable! *" ^^"^^
draw or stretch any seine or drag-net in Barnstable Har-
bor, Osterville Harbor, Popponessett Bay, or any of the
creeks, ponds or streams within the limits of the town of
Barnstable, under a penalty of not less than fifty nor
more than one hundred dollars, to be recovered in any
court proper to try the same, one-half to the use of said
town and the other half to any person who shall prosecute
therefor.

Section 5. All acts and parts of acts inconsistent Repeal,
herewith are hereby re[)ealed. AjJproved May 24, 1884.

An Act in kelation to commitments to imprisonment upon two rthp^t 2fi^

OK MORE SENTENCES. -^

Be it enacted, etc , as follows :

Section 1. A person upon whom two or more sen- commitments
tences to imprisonment have been imposed may be fully 3re filntences.
committed upon all such sentences at one and the same

248 1884. — Chapters 266, 267.

time, and such sentences shall be served in the order
named in the mittimuses upon which such person is com-
mitted.

Section 2. This act shall take effect upon its passage.

Apjyroved May 24, 1884.

Chcfp.2GG An Act to authorize the holding op sessions of the dis-
trict COURT OF northern BERKSHIRE AT ADAMS.

Be it enacted, etc., a.sfolloios:
Sessions^ at SECTION 1. Scssious of the district court of northern

Adams for civil tji.. jiiiiii »t i/^ ti-t

business. Berkshire shall be holden at Adams on the nrst and third

Wednesdays of each month for the transaction of civil
business.
Adamrfofcrim- SECTION 2. Scssious of Said court shall be holden daily
inai business, at Adams at such time as the justice of said court shall
direct, by one of the special justices of said court, for the
transaction of criminal business. The special justice
holding said court shall keep a record of the proceedings
had before him which he shall transmit to the clerk to be
entered by said clerk upon the dockets and record books
of said court. The special justice holding said sessions
may issue under his own hand and seal all mittimuses or
other warrants which may be necessary or proper in exe-
cution of the judgments rendered or sentences imposed by
said justice. The special justice holding said sessions shall
account with and pay over to the clerk of said court all
fines, costs and fees received by said special justice,
comppnsation SECTION 3. The Special justice holding the sessions
justice. provided for in section second shall be paid at the rate of

five hundred dollars annually from the treasury of the
comity of Berkshire, and the same shall be divided be-
tween said special justices in proportion to the number of
sessions held by each, provided that in making such divis-
ion the special justice living in North Adams shall be enli-
tled to five cents a mile for travel out and home.

Section 4. This act shall take effect upon its passage.

Approved May 24, 1884.

Ch(lV.2,G7 An Act to authorize the laying out of a way on land held

IN TRUST BY THE TRUSTEES OF THE TAUNTON LUNATIC HOSPITAL.

Be it enacted, etc., as foUoivs:
street raaj' be SECTION 1. Authority is hereby givcii to layout and
jand^ofiuniltTc* coustruct a strcct or highway through land held by the
Tami'tonl" trustccs of thc Tauutou Lunatic Hospital in trust for the

1884. — Chapters 268, 269. 249

Commonwealth, and along the north-westerly side thereof
from Mill River in said Taunton to Dnnforth Street; and
for this purpose such portions of said land may be taken
as shall be deemed necessary.

Section 2. This act shall take eflfect upon its passage.

Approved May 24, 1884.

Chap.26S

An Act k elating to the dismissal of actions in which the
real estate of non-residents is attached.

Be it enacted, etc., as follows:

Section 1. Whenever the real estate of a non-resident Action dis-

.,iT« ., T I /'ii ij. missed in case

IS attached ni any suit now pending or hereafter brought ofattachmentof
in any court in this Commonwealth, and no personal service no'll-resfden"/
is made upon the defendant, such suit shall be dismissed gei^vice maX"^^
unless notice thereof is given in such manner as the court upon defendant.
may direct within one year from the entry of the suit, or,
in suits now pending, within one year from the passage of
this act.

Section 2. This act shall take effect upon its passage.

Approved May 24, 1884.

Chap.269

An Act for the protection of harbors and navigable

WATERS.

Be it enacted, etc., as follows:

Section 1. Whoever wilfully and without lawful au- Protection of
thority or license therefor, throws into or deposits in a naligabie"
harbor or other navigable tide waters, stones, gravel, mud, ^"'^«^"-
ballast, cinders, ashes, dirt or any other substance which
may in any way tend to injure the navigation of such har-
bor or other waters, or to shoal the depth thereof, shall be
punished by a fine not exceeding twenty dollars for each
offence.

Section 2. Whenever it appears to the board of har- Removal of sand
bor and land commissioners, upon complaint made to said be*|,fSi't^''^
board or otherwise, that the digging or removal of stones, {'a^i^'^commu.*^
gravel, sand or other material, upon or from any beach, ^ioners.
shore, bluff, headland, island or bar, in or bordering on
tide waters, or the destruction of any trees, shrubs, grass
or other vegetation growing thereon, is, or is likely to prove,
injurious to any harbor or other navigable tide waters, said
board may, by notice in writing to any person or per-
sons, prohibit such digging or removal, or the doing of
any acts injurious to such trees or other vegetation, upon
or from any such beach or other place aforesaid specified

250

1884. — Chapters 270, 271.

Corporators.

Name and pur-
pose.

Penalty. in sucli Hotice. Whoever, after receivino: such notice,

wilfully does any act or thing prohibited therein, and
which is authorized to be so prohibited by this section, or,
being the owner or having the control of any land speci-
fied in such notice, wilfully suffers or permits such act or
thing to be done thereon, shall be punished by a fine not
exceeding twenty dollars for each offence.

Apjjroved May 24, 1884.

O/iap.210 An Act to incorporate tue brockton real estate and im-
provement COMPANY.

Be it enacted, etc., as follows :

Section 1. Ira Copeland, Joseph C. Snow and Gush-
ing C. Harlow, their associates and successors, are hereby
made a corporation for the term of twenty years from the
date of the passage of this act, by the name of the Brock-
ton Real Estate and Improvement Company, to be located
in the city of Brockton, for the puipose of buying, im-
proving and selling certain real estate in said city, lying
between Centre Street on the north and Curtis Street on the
south, and being the same shown on a plan of Salisbury
Heights, city of Brockton, filed with plans in Plymouth
county registry of deeds, not exceeding fifty acres ; with
all the powers, rights and privileges and subject to all the
duties, limitations and restrictions of corporations, subject
to chapters one hundred and five and one hundred and six
of the Public Statutes, and to all general laws which now
are or hereafter may be in force so far as they may be
applicable.

Section 2. The capital stock of said corporation shall
be five thousand dollars, divided into shares of one hun-
dred dollars each ; and may be increased from time to
time to an amount not exceeding two hundred thousand
dollars.

Section 3. This act shall take effect upon its passage.

Approved May 24, 1884.

Powers and
duties.

Capital stocli
and shares.

Chap.271

Framingham
Water Com-
pany incorpo-
rated.

An Act to incorporate the framingham water company.

Be it enacted, etc., as follows:

Section 1. Constantine C. Esty, Walter Adams,
Luther F. Fuller, Joseph B. Johnson, William Claflin,
Albert L. Coolidge, George H. Norman, Sidney A. Phil-
lips and George C. Travis, their associates and successors,

1884. — Chapter 271. 251

are hereby made a corporation by the name of the Fram-
iDgham Water Company for the pnrpose of furnishing the
town of Framingham and its inhabitants with pnre water
to extinguish fires, generate steam, and for domestic and
other purposes, with all the powers and privileges and
subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or hereafter may
be in force applicable to such corporations.

Section 2. Said corporation shall have all the rights May take
which belong to the town of Framingham and the inhabi- Poi'cf and sud"
tants thereof, or which have been granted to, or have been Fra^lnyhaml
reserved by and to, the said town and inhabitants, to take,
use and hold of the waters of Farm Pond and Sudbury
River in said Framingham, and the waters flowing into
said Farm Pond and Sudbury River, so much as may be
necessary for the purposes specified in section one of this
act, and may convey into and through said town of Fram-
ingham said waters ; and may also take and hold, by pur- May take land
chase or otherwise, all necessary lands for raising, divert- ofhemlse?^ ""^
lug, flowing and holding said waters, and securing and
preserving the purity of the same, and such other lands in
said town of Framingham as may be necessary to construct
and maintain one or more storing and distributing reser-
voirs ; and may erect on said land proper dams, build-
ings, fixtures and other structures, and make thereon
excavations and embankments, and procure and run ma-
chinery, with such other means and appliances as may be
necessary for complete and effective water works; and ^^ay'ay flown
for such purposes may construct and lay down conduits, pipes.
pipes and drains in, under or over any lands, water
courses, roads or railroads, and along any street, highway,
alley or other way, in such manner as not unnecessarily to
obstruct the same; and for the purpose of constructing, May dig up
laying down, maintaining and repairing such conduits,
pipes and drains, and for all other purposes of this act,
may dig up, raise and embank any such lands, street, high-
way, alley, or other way, in such manner as to cause the
least hindrance to travel thereon ; and in general may do
any other acts and things necessary, convenient or proper
for carrying out the purposes of this act.

Section 3. Said corporation shall, within sixty days Jo°^e''^^,[iJ,g
after the taking of any land, water, water sources, water registry of deeda

..^ , ° .*' , ,, .. £■ i\ ' i.a description of

rights and easements, under the provisions ot this act, land, etc., uken.
otherwise than by purchase, file and cause to be recorded

streets and
■ways.

252 1884. — Chapter 271.

in the registry of deeds of the county and district where
the lands lie, a description of any land, water, water
sources, water rights and easements so taken, sufficiently
accurate for identification, with a statement of the purposes
for which they are so taken, and the title of the land, water,
water sources, water rights and easements so taken shall
Damages may vest iu Said Corporation. Any person or corporation in-
^^e^assesee ^^ j^jj,g(j j,j property by any acts of said corporation, and
failing to agree with said corporation as to the amount of
damages, may have the same assessed and determined in
the manner provided when land is taken for the laying out
of highways ; and no suit for injury done under this act
shall be brought after three years from the date of the do-
ing of the injury.
^ciwatlrratel'. SECTION 4. Said Corporation may distribute the water
through said town of Framingham or any part thereof,
may establish and fix from time to time rates for the use
of said water, and collect the same, and make such con-
tracts with the said town of Framingham, or with individ-
uals or corporations, to supply water for the extinguish-
ment of fires or for other purposes, as may be agreed upon
by said town, or individuals or corporations, and said cor-
Townmaycon- poratiou. The towH of Framingham by a majority vote
pa"nj<brawa"ter of the legal votcrs, prcscut and voting thereon at a town
supply. meeting called for that purpose, is hereby authorized to

contract for a supply of water for the extinguishment of
fires or other purposes for a term of years with said Fram-
ingham Water Company,
and shLres?^ SECTION 5. The Capital stock of said corporation shall

not exceed two hundred and fifty thousand dollars and
shall be divided into shares of one hundred dollars each ;
and said corporation may at any time issue bonds to be
denominated on the face thereof "Framingham Water
Company Bonds," to an amount equal to the capital stock
actually paid in and expended for the purposes of this act.
Tenh/^'o^^co^r" Section 6. If any person shall use any of said water
rupting water, taken uudcF this act, without the consent of said corpora-
tion, or shall wantonly or maliciously divert the water or
any part thereof so taken, or corrupt the same, or render
it impure, or destroy or injure any dam or aqueduct, pipe,
conduit, hydrant, machinery, or other works or property
held, owned or used by said corporation, under the au-
thority of and for the purposes of this act, he shall forfeit
and pay to said corporation three times the amount of

1884. — Chapter 271. 253

damages assessed therefor, to be recovered in an action of
tort ; and on conviction of either of the wanton or mali-
cious acts aforesaid shall be punished by a fine not ex-
ceeding three hundred dollars, or by imprisonment in jail
not exceeding one year.

Section 7. The town of Framingham shall have the Townmaj pur-

., . i-,i !• z-iiiii chase franchise

right at any tmie durmg the contmuance or the charter here- and property.
by granted, to purchase the corporate property and all the
rights and privileges of said company, at a price which may
be mutually agreed upon between said corporation and the
said town of Framingham ; and the said corporation is au-
thorized to make sale of the same to the said town. In case commissioners

•1 i- -I • ^ ± uii iU to be appointed,

said corporation and said town are unable to agree, then ifpattic»faiito
the compensation to be paid shall be determined by three pnTe."^""
commissioners, to be appointed by the supreme judicial
court upon application of either party and notice to the
other, whose award, when accepted by the court, shall be
binding upon both parties. And this authority to pur-
chase said franchise and property is granted on condition
that the same is assented to l3y said town by a two-thirds
vote of the voters present and voting thereon, at a town
meeting called for that purpose, before the appointment of
said commissioners.

Section 8. For the purpose of defraying the cost of (vat!^j"foX
such property, lands, water and water rights as shall be
purchased for the purposes aforesaid, the town of Fram-
ingham through its treasurer may from time to time issue
notes, bonds, scrip, or certificates of debt, to be denomi-
nated on the face thereof " Framingham Water Loan," to
any amount not exceeding the amount paid by the town
for said jnirchase, and bearing interest at a rate not ex-
ceeding six per centum per annum payable semi-annually,
and the principal being payable at periods of not more
than thii'ty years from the issue of said notes, bonds, scrip
or certificates of debt, respectively. Said treasurer, under
the authority of the town, may sell such notes, bonds,
scrip or certificates of debt, or any part thereof, at not
less than par, from time to time, or pledge the same for
any money borrowed for the purposes aforesaid, on such
terms and conditions as may be prescribed by the town ;
and said town shall annually raise by taxation an amount Town to raise,
sufficient, together with the net income received from raxa^t^otf'suffi.
rates for the use of said water, to pay the interest on said lerest'on^roalrs'
loans as it accrues ; and shall establish at the time of con- sinking fund.

251

1884:.— Chapteii 271.

Rights to be ex-
ercised in Buch
tnanner as
town may
direct.

Work to be
commenced
■witliin three
years.

Corporation to
furnish Kccurlty
for ilamagi-8 if
required.

Town to trans-
fer to corpora-
tion right« to
talie water from
Farm Pond and
Sudbury River.

tracting said debt a sinking fund, and contribnte thereto
from year to year an amonnt raised by taxation not ex-
ceeding ten thousand dollars in any one year, sufficient
with its accumulations to extinguish the debt at maturity ;
said sinking fund shall remain inviolate and pledged to the
payment of said debt and shall be used for no other pur-
pose.

Section 9. In case the town of Framingham shall
purchase the property, rights, privileges and franchises
of the corporation established by this act, the said town
shall exercise all the rights, powers and authority and be
subject to all the restrictions, duties and liabilities herein
contained, in such manner and by such otticers, servants
or agents as said town may direct, and the said town shall
be liable to damages for land taken for the purposes set
forth in this act which shall not have been previously paid
by said corporation.

Section 10. This act shall be null and void unless
within three years from its passage said corporation shall
avail itself ot its provisions, and commence a prosecution
of the work herein authorized.

Section 11. Theownersof lands, water, water sources,
water rights or easements, taken under this act by said
corporation, upon application by either party for an es-
timate of damages, may require said corporation to give
security, satisfactory to the selectmen of said town, for
the payment of all damages and costs which may be
awarded to them for the land or other property taken.
And if upon petition of the owner, with notice to the ad-
verse party, the security appears to the selectmen of said
town to have become insufficient, they shall require said
coiporation to give further security to their satisfaction ;
and all the right or authority of the corporation to enter
upon or use said land and other property, except for
making surveys, shall be suspended until it gives the
security required.

Section 12. The town of Framingham shall at a legal
town meeting called for the purpose, authorize its select-
men to transfer to the within named water compau}'^ all the
rights which belong to said town to take, use and hold
the waters of Farm Pond and Sudbury River, on such
terms as said selectmen and said water company may
agree upon, and upon such transfer said town shall have
no right to take the waters of Farm Pond and Sudbury

1884:. — Chapters 272, 273. 255

River except as provided in this act in section seven, by
wiiich the town of Framingham may purchase the corpo-
rate property and all the rights and privileges of said
company,

Section 13. In case the town of Framingham shall when and upon

. 11 T ^ 1 • I • ii • what conditions

at a town meetnig called for that purpose, within thirty to take etioct.
days from the day of the passage of this act, vote to con-
struct the water works contemplated in chapter two hun-
dred and six of the acts of the year eighteen hundred and
eighty-one, and to raise and appropriate the money neces-
sary therefor, this act shall be void ; otherwise this act
shall take full force and effect at and upon the expiration
of said thirty days. Approved May 24, 1884.

An Act to tkevent the building and maintaining op barbed (JJian.272

WIRE fences along OR UPON PUBLIC STREETS AND mCUWAYS.

Be it enacted, etc., as follows:

Section 1. No barbed wire fence shall be hereafter Forbidden
built or maintained within six feet above the ground TboveMie
along any sidewalk located on or upon any public street ^/^"e^waik!""^ *
or highway.

Section 2. Any person offending against the provis- i*e"'>i'y-
ion of this act shall be punished by a tine not less than
twenty dollars nor more than fifty dollars.

Ji)prot?ed Matj 27, 1884.
An Act to incorporate the somerville wharf and improve- (JJi(in.213

MENT company.

Be it enacted, etc., asfolloivs:

Section 1. Franklin O. Reed, Josiah T. Reed, Sam- corporators.
uel D. Sawin, George Wheatland, James W. Roberts,
Peter S. Rol)erts, Solomon Parsons, Horatio G. Parker,
their associates and successors, are made a corporation
for the term of thirty years from the date of the passage
of this act, by the name of the Somerville Wharf and Name and pur-
Improvement Company, for the purpose of buying, im-
proving and selling, all or any part of that tract of land
and fiats situated in Somerville in this Commonwealth,
bounded south-westerly by Mystic Avenue, north-west-
erly by the Medford line, north-easterly by the Mystic
River, and easterly by the Boston and Maine Railroad,
containing about two hundred acres ; with all the powers, powers and
rights and privileges, and subject to all the duties, '^^^^'"^-

256

1884.— Chapter 274.

May construct
wharves and fill
aud grade lauds.

Provisos.

Capital stock
and shares.

limitations and restrictions of corporations subject to
chapters one hundred and five and one hundred and
six of the Public Statutes, and to all general laws
which now are or hereafter may be in force so far as they
may be applicable.

Section 2. The said corporation shall have authority
to construct docks and wharves upon, fill, grade and
otherwise improve, such land and flats as it shall deem
expedient : provided, that no canal shall be constructed
thereon without the consent of the city of Somerviile ;
and provided also, that all authority herein granted to
build structures upon or fill up any of such land and flats
over which the tide ebbs or flows is granted to said cor-
poration subject to the provisions of chapter nineteen of
the Public Statutes.

Section 3. The capital stock of said corporation shall
be six hundred thousand dollars, divided into shares of
one hundred dollars each ; and may be increased from
time to time to an amount not exceeding one million
dollars.

Section 4. This act shall take efi*ect upon its passage.

Approved May 27, 1884.

Chan.274: ^^ -^^^ ^^ relation to the cape cod snip CANAL

Be it enacted, etc., as follows:

company.

May vary loca-
tion of canal.

Damages to be
estimated by
county commis-
sioners.

Party dissatis-
fled may apply
for a jury.

Section 1. The Cape Cod Ship Canal Company,
within six months from the passage of this act, may vary
the location of its canal, by altering the route thereof at
or near Monument Station, so called, and thence extend-
ing the same to Buzzard's Bay through Back River, so
called, and may make other changes in its location, as al-
ready filed, subject to the provisions of this section. It
shall pay all damages occasioned by laying out, making
and maintaining its canal, or by taking land or materials
therefor, and such damages on the application of either
party shall be estimated by the county commissioners in
the manner provided with reference to the laying out of
railroads. Either party dissatisfied with the estimate of
the county commissioners may, at any time within one
year after it is completed and returned, apply by petition
to the superior court for Barnstable County for a jury to
assess the damages, and like proceedings shall be had
thereon as in proceedings for damages for laying out of rail-

1884. — Chapter 274. 257

Toads. Upon application to the county commissioners by security for
either party for an estimate of damages, they shall, if re- dam"ge8maybe
quested by the owner, require the corporation to give se- fu?"4''he(i*° ***
curity to their satisfaction for the payment of all damages
and costs which may be awarded by them or by a jury
for the land or other property taken ; and if upon petition
of the owner, and notice to the adverse party, the security
appears to them to have become insufficient, they shall
require the corporation to give further security to their
satisfaction ; and all its right or authority to enter upon
or use the land or other property, except for making sur-
veys, shall be suspended until it gives the security re-
quired. Said canal company may file with the county May aie a w;th-
commissioners of the county of Barnstable a written with- plrrof ?he "rig.
■drawal of any part or parts of the original location, de- >nai location.
scribing the same by metes and bounds, and so far as the
land or other property covered by said written withdrawal
is concerned, damages may be recovered to the extent
that any person has been injured by the proceedings in
the manner herein before provided.

Section 2. Section seven of chapter two hundred and fogs^'^a'^g'^s"' ***'
fifty-nine of the acts of the year eighteen hundred and
eighty-three is hereby amended so as to read as follows :
— Section 7. It shall be the duty of the Old Colony oidcoiony
Railroad Company so to alter its location as to cross the us^'iSon.*''^'^
said canal at such point or points as said railroad company
and said canal company may agree upon, or as a board of
three commissioners, to be appointed by the governor,
with the advice and consent of the council, after due
notice and a public hearing, shall determine ; and no mem-
ber of said board shall be a member of any of the present
boards of commissioners of this Commonwealth ; and said
board shall also determine the question whether said canal
shall be crossed by a public highway, and if so at what
point and in what manner ; and in determining said ques-
tions said board shall consider the obstruction of traffic
upon said canal and the general public convenience, and
if such public highway is ordered, said company shall
construct the same at the point and in the manner so de-
termined. The board of railroad commissioners, after Railroad com-
due notice to all parties interested and hearing of all who ™Jtermine%'on.
shall appear, shall also determine and prescribe in writinjr ceming crossing
the time when and the manner in which the Old Colony road.
Railroad Company shall alter its location so as to cross

258

1884. — Chapter 274.

Canal Company
to build railroad
upon new loca-
tion, pay dam-
ages, etc.

To maintain
bridges across
canal for the
passing of the
railroad.

Superintendent
appointed by
the railroad to
have control of
bridge and
draw.

said canal at such point or points ; and in making such
alterations said railroad corporation shall have all the
powers and privileges and be subject to all the duties,
restrictions and liabilities set forth in all general laws
relating to railroads, except that the damages of land
owners shall be assessed only against and paid by said
canal company, as in case of land taken for railroad pur-
poses. The Cape Cod Ship Canal Company shall there-
upon proceed to build the railroad upon the new location
and complete the same in such manner and at such time as
may be prescribed by the railroad commissioners, and to
their satisfaction, in case the parties do not agree upon the
same ; and shall pay all damages caused by the construc-
tion of said railroad upon such new location, and shall be
liable for such damages as in the case of the construction
of railroads. Until the completion of the new location,
said canal company shall not enter upon the old location
of said railroad, except for making surveys or by consent
of the railroad commissioners. If by reason of the in-
creased length of the line of said railroad there shall
be any legal liability to damages on the part of said
canal company, the same shall be ascertained and de-
termined upon application of either party in the manner
provided by law for estimating the damages occasioned
by the laying out of railroads. The Cape Cod Ship Canal
Company shall also build and maintain and keep in repair
a bridge or bridges across said canal, suitable for the pass-
ing of the railroad, which said bridges shall each have a
suitable draw for the passage of vessels, and shall be con-
structed and maintained under the supervision of the board
of railroad commissioners, and one of which, if said
special commission shall so prescribe, shall be suitable for
the passage of the highway. Said railroad company shall
appoint a steady and discreet superintendent, and all
necessary assistants for each drawbridge, who shall be paid
by said canal company a reasonable compensation, to be
fixed by the railroad commissioners. Said superintendent
shall have full control and direction of the passing of
vessels through the draw, and of trains over the bridge,
and with said assistants shall be subject to such rules and
regulations, not inconsistent with law, as said railroad and
canal company shall from time to time prescribe for the
operation of said bridge ; but such rules and regulations
shall be subject to approval and alteration by the said

1884. — Chapter 274. 259

board of railroad commissioners. And said superintend-
ent and assistants shall be subject to removal by said
board of railroad commissioners.

Section 3. Section nine of chapter two hundred and \*"'^^"p°'?,

/,, .1 111 1 abandoned loca-

nfty-nine of the acts of the year eighteen hundred and tion to belong to
eighty-three is hereby amended by adding at the end *^''"'' company.
thereof the words : — And the land upon the abandoned
location of the Old Colony Railroad Company shall there-
upon become the property of said canal company so far
as the same may be within the limits of the location of
the canal.

Section 4. Section thirteen of chapter two hundred Ferries at Mon.
and fifty-nine of the acts of the year eighteen hundred and sandwich and
eighty-three is amended so as to read as follows : — Section ^^'^*'*" ^'*^ •
13. The said canal company shall provide and maintain
at Monument, North Sandwich and at West Sandwich, at
such points as may be designated by the county commis-
sioners, suitable ferries across their canal for passengers
and teams, to be operated free from tolls, under rules to
be established by the county commissioners. Said canal
company shall forfeit fifty dollars for each day it shall fail
to provide and maintain such ferries, to be recovered upon
complaint or indictment in the county of Barnstable to the
use of said county.

Section 5. The said canal company shall also con- Highways to be
struct such highways to connect with the bridge and ferries °^"«'''"'''^^-
provided for in section thirteen of chapter two hundred
and fifty-nine of the acts of the year eighteen hundred
and eighty-three as amended by section four of this act,
and such other highways as may be necessary to replace
the highways destroyed by the construction of said canal
in such manner and at such times as the county commis-
sioners for the county of Barnstable shall prescribe, upon
each side of said ferries. After the completion of such
highways and their acceptance by the said county com-
missioners the said canal company shall not be responsible
in any manner for the further maintenance of the same.

Section 6. Said corporation shall not be required to Not to pay taxes
pay any state or local taxes for five years from the passage f<"^ ^'^ y^^"-
of this act.

Section 7. Section two of chapter two hundred and f°ene**d''u„ti,
fifty-nine of the acts of the year eighteen hundred and harbor and land
eighty-three is amended by adding at the end thereof the certify^that"hlw8
following words : — Said canal shall not be opened for pub- puld wuh.'"'"'

260

1884. — Chapter 274.

Locks in the
canal.

•Canal company
to pay for ser-
"cices and ex-
penses of engi-
iieere.

Disposition of
materials exca-
vated.

Charter, loca-
tion, etc., rati-
fied and
aflSrmed.

Stock not to be
issued until five
miles com-
pleted.

Provisions of
P. S. 112, §61,
to apply.

Not to prevent
any change of
plan imposed by
the Vnited
States.

lie use until the board of harbor and land commissioners
after an examination shall certify that all laws relating to
its construction have been complied with, and that it
appears to be in a safe condition for operation. But
nothing herein contained shall be so construed as to
require the building of locks in said canal unless a board
of three competent engineers, appointed by the governor,
with the advice and consent of the council, shall decide
that they are necessary for the protection of the bridge or
bridges. The compensation of said engineers shall be
fixed by the governor and council, and paid by the treas-
urer of the Commonwealth. Said canal company shall
pay to the treasurer of the Commonwealth such sum of
money as shall be necessary, to pay for the services and
expenses of said board of engineers. The materials exca-
vated from the tide waters in Buzzard's Bay and Barnstable
Bay shall be so disposed of, under the direction of the
harbor and land commissioners, as not to interfere with the
fishing interests, and the material excavated shall be de-
posited within the limits of the location of the canal as far
as practicable.

Section 8. The charter, corporate existence, organi-
zation and location of said canal company are hereby
recognized, ratified and affirmed. But except that the
canal company shall so change the existing contract for
the building of the canal as to make the same apply to any
lawful change in the location thereof, the said existing
contract shall not be annulled nor altered, either as to the
price to be paid for said building or in any other particu-
lar, except with the approval of the board of harbor and
land commissioners ; and no stock shall be issued to the
contractor or any other person under said contract until
five miles of said canal shall have been completed pursu-
ant to its terms.

Section 9. The provisions of section sixty-one of
chapter one hundred and twelve of the Public Statutes
shall apply to said Cape Cod Ship Canal Company.

Section 10. Nothing herein, or in chapter two hun-
dred and fifty-nine of the acts of the year eighteen hundred
and eighty-three, shall be construed to prevent or forbid
any change or modification of the plan or details of the
construction of said canal or the works connected there-
with which may be required or imposed by the United

1884. — Chapter 275. 261

States, or the authorities thereof, upon aiding the con-
struction of said canal or works.

Section 11. To defray the expenses and recompense compensiition
the services of the county commissioners under the char- miss'ionMs'!''"'"
ter of said canal company and this act, it shall be the duty
of said canal company to pay each of said commissioners
the sum of six dollars per day for the time actually con-
sumed in discharging their duties ; provided, however,
that said canal company shall not be required to pay
either of said commissioners for more than tifty days' ser-
vice in any year.

Section 12. The commissioners to be appointed by compengation
the governor, with the advice and consent of the council, efs*'a^ointed"by
as provided in section seven of chapter two hundred and governor.
fifty-nine of the acts of the year eighteen hundred and
eighty-three as amended by section two of this act, shall
be paid in the manner provided for the payment of the
board of engineers appointed under section two of said
chapter two hundred and fifty-nine as amended by section
seven of this act.

Section 13. Section fourteen of chapter two hundred Repeal,
and fifty-nine of the acts of the year eighteen hundred and
eighty-three is hereby repealed.

Section 14. This act shall be void unless accepted by To be accepted
the Cape Cod Ship Canal Company within six months months!'^
from its passage, which acceptance shall be certified to
the secretary of the Commonwealth.

Approved May 27, 1884.

An Act relating to the employment of minors in mercan- CJiai).275

TILE establishments.

Be it enacted, etc., as follows:

Section 1. No minor under eighteen years of age Not to be em-
shall be employed in laboring in any mercantile establish- fharstxTyhou™
ment more than sixty hours in any one week. '" °"® ^'^^'^•

Section 2. Whoever, either for himself, or as super- penalty.
intendent, overseer or other agent for another, employs
or has in his employment any person in violation of the
provisions of the preceding section, or who fails to post
the notice required in section third, and any parent or
guardian who permits any minor to be so employed shall
be punished by a fine of not less than fifty nor more than
one hundred dollars for each ofience. Said penalty shall Penalty to ex-
extend to corporations. A certificate of age of a minor, lions.

262 1884. — Chapters 276, 277.

made and sworn to by him and by his parent or guardian
at the time of his employment in a mercantile establish-
ment, shall he prima facie evidence of his age in any trial
for a violation of the preceding section.
Printed notice of SECTION 3. Evcrv employer shall post in one or more

iiours Oi I&Dor •/ i •/ x

required to be conspicuous placcs whcrc such persons are employed a

posted up. printed notice stating the number of hours' work required

of them, not exceeding ten hours in any one day, on each

day of the week ; and the employment of any such person

for a longer time in any day than that so stated shall be

deemed a violation of this act, unless it appears that such

employment is to make up for time lost on some previous

day of the same week.

Provisions of SECTION 4. Scctiou four of chapter scveuty-four of the

to apply to in°er* PubHc Statutes as amended by chapter one hundred and

Hshmlnte!^''" fifty-seven of the acts of the year eighteen hundred and

eighty-three shall not apply to mercantile establishments.

Approved May 27, 1884.

Chap.276

An Act to provide for the filling of vacancies in the

SCHOOL committee OF THE CITY OF SALEM.

Be it enacted, etc., as follows:

Vacancies in SECTION 1. The provisious of sections twenty-two,

miS.""'^' twenty-three and twenty-four of chapter forty-four of the
Public Statutes shall apply to vacancies occurring in the
school committee of the city of Salem.
Repeal. SECTION. 2. So much of chapter one hundred and

twenty-nine of the acts of the year one thousand eight
hundred and fifty-eight as provides for the filling of vacan-
cies in the school committee in the city of Salem is re-
pealed.
^ Section 3. This act shall take effect upon its passage.

Approved May 27, 1884.

ChaXt 277 ^^ ^^^ '^^ prevent the sale or exchange of PROPERTY UNDER
THE INDUCEMENT THAT A GIFT OR PRIZE IS TO BE PART OF THE
TRANSACTION.

Be it enacted, etc., as folloios :

Gift enterprises SECTION 1. No pcrsoH shall scIl, cxchaugc or disposc
of any property, or offer or attempt to do so upon any
representation, advertisement, notice or inducement that
anything other than what is specifically stated to be the
subject of the sale or exchange, is, or is to be delivered

forbidden.

1884. — Chapters 278, 279, 280. 263

or received, or in any way connected with, or a part of
the transaction.

Section 2. Whoever violates any provision of the Penalty.
preceding section shall for each offence be punished by
fine not less than ten nor more than live hundred dollars.

Approved May 27, 1884.

An Act in relation to names of public ways in the city of (JJia7).27S

BOSTON.

Be it enacted, etc., as foUoics :

Section 1. The first section of chapter sixty-seven of ^*™«?^'>^P^j^Ji<=
the acts of the year eighteen hundred and eighty relating
to names of public ways in the city of Boston is hereby
amended by inserting alter the word " may " in the seventh
line the words " in the discretion of the board of street
commissioners of said city."

Section 2. The second section of said chapter sixty- Hearing to be
seven is hereby amended by adding after the word
" board" in the third line thereof the words "after a
hearing upon a public notice stating the name proposed to
be given."

Section 3. This act shall take effect upon its passage.

Approved May 27, 1884.

Chap.279

An Act to permit the construction of branch railroads
within eight miles from the state house.

£e it enacted, etc., asfoUcncs:

Section 1. Section one hundred and thirty-nine of construction of

,. 1 IT 1 J ^ /•ii-i-iii-'-i . branch railroads

chapter one hundred and twelve oi the ir^ublic Statutes is wuhin eight
hereby amended by striking out in the ninth and tenth h^o'uTe/n ™ pro-*
lines thereof the words "shall authorize the construction ^''"*®'^-
of a branch railroad within eight miles from the state
house or."

Section 2. This act shall take effect upon its passage.

Approved May 27, 1884.

Chap.2S0

An Act to extend the provisions of chapter fifty-one of
the public statutes, relating to the assessment of bet-
terments.

Be it enacted, etc., as follows:

Section 1. The provisions of chapter fifty-one of the Betterments.
Public Statutes shall apply to any alteration of a highway. Railroad cross-
town way, bridge or its approaches made in pursuance of '°^*'

264

1884. — Chapters 281, 282.

May supply
Nabant with
water.

sections one hundred and twenty-nine to one hundred and
thirty-four inclusive of chapter one hundred and twelve of
the Public Statutes and any acts in addition thereto.
Section 2. This act shall take effect upon its passage.

Approved May 27, 1884.

Chap.^S^ ^^ ^^"^ AUTHORIZING THE CITY OF LYNN TO SUPPLY THE TOWN OP

NAHANT WITH WATER

Be it enacted, etc. , as foUoivs :

Section 1. The city of Lynn is hereby authorized to
furnish from its water supply to the town of Nahant or
the inhabitants of said town, a supply of water for the ex-
tinguishment of fires, for domestic and other purposes,
and may contract with said town of Nahant for such sup-
ply of water, for a term of years, on such terms as may
be agreed upon between the authorities of the two muni-
cipalities : provided, however, that the rate charged for all
purposes to said town of Nahant shaU not be more favora-
ble than to the residents of the city of Lynn ; and pro-
vided, that no water which is needed for the use of the
residents of the city of Lynn shall be so furnished.

Section 2. This act shall take effect upon its passage.

Approved May 27, 1884.

Provisos.

Chap.

282 -^^ ■^^'^ ^^^ "^^^ PROTECTION OF GAME IN THE PONDS KNOWN AS
COCKEAST OR DAVOL'S POND, AND RICHMOND'S POND, SITUATED
BETWEEN THE WESTPORT RIVER AND THE RHODE ISLAND BOUND-
ARY LINE.

Wild fowl pro-
tected at Cock-
east, Davol's
and Richmond's
Ponds, under
penalty.

Penalty for
using boats for
driving fowl.

Town of West-
port to appoint
a constable to
enforce the law.

Be it enacted, etc., as follows:

Section 1. Any person shooting any wild duck or
fowl of any description whatsoever, such person being at
the time of such shooting, afloat upon the waters of the
ponds known as " Cockeast" or " Davol's " and " Rich-
mond's" or either of them, in any boat, raft or float what-
soever, shall be fined twenty-five dollars for each offence.

Section 2. Any person using a boat, raft or float of
any description whatsoever, upon either of the said ponds,
for the purpose of driving or causing any wild duck or
fowl of any description whatsoever to approach within
shooting distance of any person upon land, shall be fined
twenty-five dollars for each oflence.

Section 3. The town of Westport at its annual town:
meeting shall appoint a special constable, whose duties

1884. — Chapters 283, 284. 265-

shall be to see that this act is not violated. Such con-
stable shall be without charge to any town, and shall re-
ceive for his compensation one half of every fine which
shall be paid by any party convicted under this act, upon
complaint of said constable ; the other half of said fine to
be paid to the treasurer of the county of Bristol.

Section 4. The second district court of Bristol shall fo";;°['^/i\';\',\°J,
have iurisdiction over all offences arisins: under this act. tohavejuiudic

Approved May 27, 1884.

An Act authorizing the city of lynn to supply the town QJiav.2S3-

OF swampscott with avater.
Be it enacted, etc., asfolloivs:

Section 1. The city of Lynn is hereby authorized to May supply
furnish from its water supply to the town of Swampscott wuhTate°'
or the inhabitants of said town, a supply of water for the
extinguishment of fires, for domestic and other purposes,
and may contract with said town of Swampscott for such
supply of water, for a term of years, on such terms as
may be agreed upon between the authorities of the two
municipalities : provided, hoicever, that the rate charged Provisos.
for all purposes to said town of Swampscott shall not be
more favorable than to the residents of the city of Lynn ;
and provided, that no water which is needed for the use
of residents of the city of Lynn shall be so furnished.
Section 2. This act shall take effect upon its passage.

Approved May 27, 1884.

An Act relating to the planting and growing of oysters. QJiap,284:
Be it enacted, etc., asfollotvs:

Section 1. The provisions of sections ninety-seven. Protection to
ninety-eight, ninety-nine, one hundred and one hundred giowlnf of
and one of chapter ninety-one of the Public Statutes relat- tw'i* To *''"'
ing to the planting and growing of oysters are hereby ex- nat^'nai oyster
tended so as to apply to any waters where there is no
natural oyster bed, not however impairing the private
rights of any person, and not materially obstructing any
navigable waters.

Section 2. Section ninety-seven of said chapter nine- License to
ty-one is hereby amended by striking out the word ceed\enye°ar*'
"twenty" in the third line and inserting in place thereof
the word " ten."

Section 3. This act shall take effect upon its passage.

Approved May 28, 1884.

266

1884. — Chapters 285, 286.

Bill in equity
may he main-
tained, although
plaintitf'g deht
does not equal
one hundred
-dollars.

ChCtV. 2S5 "^^ ^^'^ CONCERNING SUITS IN EQUITT TO REACH AND APPLY THE

PROPERTY OF A DEBTOR.

Be it enacted, etc., as folloios :

Section 1. A bill in equity may be maintained to
reach and apply in payment of a debt any property of a
debtor, as provided by clause eleven of section two of
chapter one hundred and fifty-one of the Public Statutes,
notwithstanding the fact that the plaintiflfs debt does not
equal one hundred dollars in amount, or that the property
sought to be reached and applied is in the hands, posses-
sion or control of the debtor independently of any other
person, or that it is not within the state, or that it is of
uncertain value, provided the value can be ascertained by a
sale or appraisal, or by any means within the ordinary
procedure of the court, or that it cannot be reached and
applied until a future time.

Section 2. In such suit the interest of a co-partner in
the partnership property may be reached and applied to
payment of the plaintiff's debt : provided, however, that
unless the plaintiff^s debt is in judgment, the business of
the partnership shall not be interfered with by injunction
or otherwise farther than to restrain the withdrawal of any
portion of the debtor's share or interest therein, unless and
until the plaintiff's debt is established ; aiid provided
further, that if either co-partner shall give to the plaintiff"
a sufficient bond with sureties approved by the clerk, con-
ditioned to pay to the plaintiff the amount of his debt and
costs within thirty days after the same is established, the
court shall proceed no further therein save to establish the
debt; and any injunction previously issued therein shall
be dissolved upon the filing of such bond.

Section 3. This act shall take effect upon its passage.

Approved May 28, 1884.

Interest in part-
nership prop-
erty may he
reached.

Business not to
be interfered
-with unless
debt is in judg-
ment.

Proviso.

Chap.286 An Act relating to warrants issued by justices of the

PEACE.

Justices of the
peace desig-
nated to issue
warrants and
take bail.

Be it enacted, etc. , as folloios :

Section four of chapter one hundred and fifty-five of the
Public Statutes is hereby amended so as to read as follows,
namely : — The governor, with the advice and consent of the
council, may from time to time, upon the petition of the
selectmen of a town included within the judicial district of
a district or police court, and in which neither a justice

1884. — Chapters 287, 288. 267

nor the clerk of such court resides, designate and conimis-
sion some justice of the peace residing in said town, who
niay issue warrants returnable to said court in criminal cases
arising within such judicial district, and take bail therein.

Approved May 28, 1884.

An Act relating to the taxation of buildings and struct- CJiap.2S7

URES upon the grounds occupied by the new ENGLAND
spiritualists' CAMP MEETING ASSOCIATION.

Be it enacted, etc. , as foUoivs :

Section 1. All buildings, booths or tents erected on Buildings,

/vi T'lii-VTT^ii "ootns, etc.,

or amxed to the grounds occupied by the JNew JLngland may be taxed aa
Spiritualists' Camp Meeting Association at Lake Pleasant rate iix)m'the^"*
in the town of Montague, may for the purposes of taxa- '''"'^'
tion be considered real estate and taxed as such to tlie
owners, separate from the land on which they stand. All
acts rehiting to the assessment and collection of taxes upon
real estate and redemption of titles, in the event of sale
by the collector of taxes shall apply to the estates to which
this act relates.

Section 2. This act shall take effect upon its passage.

Approved Ma// 28, 1884.

An Act to authorize and require the county commissioners f^Jj^^ 98S

OF PLYMOUTH COUNTY TO ENLARGE AND REMODEL THE JAIL AND "'

HOUSE OF CORRECTION AT PLYMOUTH.

Be it enacted, etc., as foUoivs:

Section 1. The county commissioners of the county ,jaii and house
of Plymouth are hereby authorized and required to enlarge, m'ay'beenVa^rged.
remodel and improve the jail and house of correction at
Plymouth, at an expense not exceeding thirty thousand
dollars, and for said purposes to borrow on the credit of
the county a sum not exceeding thirty thousand dollars.
They may employ the convicts in said house of correction convicts may be
so far as their labor may be used to advantage. employed.

Section 2. Said commissioners are hereby also author- present struct.
ized to sell, convey or remove the whole or any portion of orrem^^ved.*"^*^
the present jail and house of correction, or use the materials
thereof in the new structure: provided, that said county Estimates to be
commissioners shall not expend any part of said sum until costs^wia^not
they have obtained estimates from competent experts *sceed $3o,ooo.
showing that the whole amount required to fully enlarge,
remodel and improve said jail and house of correction

268

1884. — Chapter 289.

Annual expen-
diture not to
exceed $10,000.

Proviso.

Annual report
of prosecutions.

Powers of in-
spectors.

and fit the same for occupancy will not exceed said sum
of thirty thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved May 28, 1884.

Chcip.28Q "A.N Act relating to the adulteration of food and drugs.
Be it enacted, etc., as follows :

Section 1. For the purpose of carrying out the pro-
visions of chapter two hundred and sixty-three of the acts
of the year eighteen hundred and eighty-two, the state
board of health, lunacy and charity may expend annually
an amount not exceeding ten thousand dollars : provided,
however, that not less than three-fifths of said amount shall
be annually expended for the enforcement of the laws
against the adulteration of milk and milk products.

Section 2. The state board of health, lunacy and
charity shall report annually to the legislature the number
of prosecutions made under said chapter, and an itemized
account of all money expended in carrying out the provis-
ions thereof.

Section 3. An inspector appointed under the provis-
ions of said chapter two hundred and sixty-three of the
acts of the year eighteen hundred and eighty-two shall
have the same powers and authority conferred upon a city
or town inspector by section two of chapter fifty-seven of
the Public Statutes.

Section 4. Nothing contained in chapter two hundred
and sixty-three of the acts of the year eighteen hundred
and eighty-two shall be in any way construed as repealing
or amending anything contained in chapter fifty-seven of
the Public Statutes.

Section 5. Chapter two hundred and sixty-three of the
acts of the year eigliteen hundred and eighty-two is hereb}'-
amended by striking out all of section three after the
words " person consuming it," in clause (7.) of paragraph
(b.) and also by striking out section four, and inserting
in place thereof the following : — The provisions of this
act shall not apply to mixtures or compounds, recognized
as ordinaiy articles of food or drinks, provided that the
same are not injurious to health and are distinctly labelled
as mixtures or compounds. And no prosecution shall
at any time be maintained under said act concerning
any drug the standard of strength or purity whereof has
been raised since the issue of the last edition of the

p. S. 57, not
amended by
1882, 263.

Amendments to
1882, 263.

U. S. Pharma-
copoeia.

1884. — Chapter 290. 269

United States Pharmacopoeia, unless and until such change
of standard has been published throughout the Common-
wealth.

Section 6. Chapter two hundred and sixty-three of Repeal.
the acts of the year eighteen hundred and eighty-three is
hereby repealed.

Section 7. Section three of chapter two hundred and ^"2*"26"?3*°
sixty-three of the acts of eighteen hundred and eighty-
two is hereby amended by adding after the word
*' therein" in the sixth line as follows : — Unless the order
calls for an article inferior to such standard, or unless
such difference is made known or so appears to the pur-
chaser at the time of such sale.

Section 8. Before commencing the analysis of any Portion of
sample the person making the same shall reserve a por- fcTatlaiysL^to^'^
tiou which shall be sealed; and in case of a complaint ^® '''^*"^^'^'
against any person the reserved portion of the sample al-
leged to be adulterated shall upon application be delivered
to the defendant or his attorney.

Section 9. This act shall take effect upon its passage.

Approved May 28, 1884.

An Act to authorize the taking by the commonwealth op (JJiap.290
certain lands and flats in south boston.

Be it enacted, etc. , as f^Uoios :

Section 1. For the purposes of the reclamation of Lands and flats
the Commonwealth's flats at South Boston and the im- may be taken
provement of Boston harbor contemplated and authorized w^eauh!^*'™'"""'
by chapter two hundred and thirty-nine of the acts of the
year eighteen hundred and seventy-five, and with a view
to the completing and perfecting of the title of the Com-
monwealth in and to the lands and flats on the northerly
shore of South Boston which were authorized to be pur-
chased for and in the name of the Commonwealth by
chapter four hundred and forty-six of the acts of the year
eighteen hundred and sixty-nine, the board of harbor and
land commissioners is hereby authorized to take, in the
name and behalf of the Commonwealth, the whole or any
part or parts of the lands and flats so authorized to be
purchased, excepting the portions thereof which lie south
of the southerly line of Cypher Street, so called, and west
of the easterly line of B Street, so called, in said South
Boston.

Section 2. Said board shall file in the registry of ^°^';'* °i ''*'"^°*"

D J and land com-

270 1884. — Chapter 291.

miBsioners to deeds foF the county of Suffolk, and cause to be recorded

cause to be re- . , . '' ' in

corded in the therein, a description of any lands and flats so taken, as

registry of deeds .. . .,. "^ -,. nit

a description of Certain as IS required in an ordinary conveyance oi land,
the land taken, ^jj^j^ ^ Statement, signed by said board or a majority
thereof, that the same are taken under the provisions of
this act in the name and behalf of the Commonwealth ;
and the act and time of the filinor thereof shall be deemed to
be the act and time of the takinof of such lands and flats,
and to be sufficient notice to all persons that the same
have been so taken. The title to all lands and flats so
taken shall vest absolutely in the Commonwealth and its
assigns forever.
May settle dam- SECTION 3. Said board shall have full power, subject

ages by agree- i n \ t • i i i

ment or arbitra- to the approval of the govcmor and council, to settle by
agreement or arbitration the amount of the damages sus-
tained by any person in his property by reason of the

fj^ury**"^"^ ''^ taking of any lands or flats as aforesaid; and, if not so
settled, the same may be assessed by a jury at the bar of
the supreme judicial court for said county of Suffolk,
upon petition to be filed by such person in the office of
the clerk of said court within one year after such taking,
and not afterwards. The attorney-general shall appear
and act as counsel for the Commonwealth in any such pro-
ceeding, and sections sixty-five, sixty-six and seventy-six
of chapter one hundred and sixty-seven of the Public
Statutes shall apply thereto.

Damages and SECTION 4. The dama^cs ascertained in any man-

costs to be paid 'jj irii.j • i

out the Com- ncr aiorcsaid, and any lawtul costs and expenses incurred
fla^uTmprove- by or iu behalf of the Commonwealth in carrying out the
ment fund. provisions of this act, shall be paid out of the Common-
wealth's flats improvement fund, and a sum not to exceed
seven thousand five hundred dollars is hereby appropri-
ated from said fund for said purposes.

Approved May 28, 1884.

Ch(l7).201 -^N ^^"^ AUTHOKIZING SPECIAL ADMINISTRATORS TO PAY THE EX-
PENSES OF EXECUTORS IN THE PROOF OF WILLS.

Be it enacted, etc., as follows:
Payment of ex- SECTION 1. A Special administrator by leave of the
tor incurred in probatc court may pay from the personal estate in his
proving wi . ijands the expenses incurred by the executor named in the
will of a deceased person in proving the same in the pro-
bate court or in sustaining the proof thereof in the
supreme court.

1884.— Chapters 292, 293, 294. 271

Section 2. This act shall take effect upon its passage.

Approved May 28, 1884.

An Act to confirm the proceedings of the town meetings (7^ft7>.292
OF certain towns.

Be it enacted, etc., as follows:

Section 1. The proceedings of the town meetino-s of Proceedings of

I o o town meetings

the several towns held in the year eighteen hundred and co"fi""ed,
eighty-four shall not be invalid for the reason that tellers were not ap-
were not appointed or if appointed were not sworn ac- **""' ^ '^'''
cording to law to aid in checking the names of voters
and in assorting and counting the votes ; and the election
of the town officers at said meetings is ratified and con-
firmed.

Section 2. This act shall take effect upon its passage.

Approved May 28, 1884.

An Act relative to the proof of equitable liabilities n/ian.^QS
against insolvent estates.

Be it enacted, etc., asfolloios:

Section 1. Equitable liabilities shall be deemed to be Equitable liawi-
debts provable against estates in insolvency and against LgalusUnsou
estates of deceased persons represented insolvent; and ^'^°'^®**'*^''^"
all proceedings in respect to the proof of any such equi-
table liability, whether by way of appeal or otherwise,
shall be the same in all respects as if it were a debt upon
which an action at law might have been brought.

Section 2. This act shall take effect upon its passage.

Approved May 28, 1884.
An Act to fix the times and places of holding probate (JJinj) 294

COURTS IN the county OF HAMPDEN. '

Be it enacted, etc., as follows:

Section 1. Probate courts shall be held in each year probate courts
for the county of Hampden as hereinafter mentioned : — com,t"^*^^"
At Springfield, on the first Wednesday of every month
except August; at Holyoke, on the third Wednesdays of
January, March, June and October; at Palmer, on the
second Wednesdays of February, May and September,
and the ft)urth Wednesday of November ; and at West-
field, on the third Wednesdays of February, May,
September and December.

Section 2. So much of section forty-eight of chapter Repeal.

272 1884. — Chapters 295, 296.

one hundred and fifty-six of the Public Statutes as relates
to holding probate courts in the county of Hampden is
hereby repealed.
juij^i^lfr* Section 3. This act shall take effect on the third day
of July next. Approved May 28, 1884.

(JJiap.295 ^ Act relating to a water supply for the town of

MIDDLEBOROUGH.

Be it enacted, etc., as folloios :
Water supply SECTION 1. Scctiou eio^ht of chapter fifty-nine of the

lor town oi "^

Middieborough. acts of the year eighteen hundred and eighty-four is here-
Bubjecttoac- bv amcuded to read as foUows : — The preceding^ sections

ceptance within V- i • /» a\ i ^ -\ c i •

one year by ii OI this act, SO lar as they apply to and conier authority on
the town of Middieborough to introduce a supply of water
for its inhabitants as aforesaid, shall become inoperative
and void unless said town shall accept the same and au-
thorize the introduction of water under its provisions by
a two-thirds vote of its legal voters present and voting
thereon at any legal town meeting called for the purpose
within one year from the date of passage of this act. At
such meeting the check-list shall be used and the voting
shall be by ballot, written or printed, Yes or No. The
number of meetings so called shall not exceed four.
Section 2. This act shall take effect upon its passage.

Approved May 28, 1884.

•Chap.296 -^^ '^^'^ relating to the formation of companies to guar-
antee THE fidelity OF PERSONS AND TO ACT AS SURETY ON
BONDS.

Be it enacted, etc., as folloios:

To guarantee SECTION 1. Companies may be formed foF the purposB

besur^'ty on'° of guaranteeing the fidelity of persons and of acting as
bonds. surety on bonds by complying with the provisions of sec-

tions twenty-six, twenty-seven and twenty-eight, and
sections thirty-two to thirty-seven, both inclusive, of
chapter one hundred and nineteen of the Public Statutes
relative to the formation of insurance companies so far as
they are applicable for the purposes of incorporation.
<:apitai stock. SECTION 2. The Capital stock of such a company shall

not be less than two hundred thousand dollars.
Mayactas Section 3. Such couipauy if accepted and approved

surety upon , , , • a i^ ^\ ii- ,

official bonds, by the court, magistrate or other obligee may act as surety
upon the official bond of any person to the United States

1884. — Chapter 297. 273

or to the stale of Massachusetts ; to any county, city or
town ; to any judge of probate and insolvency, sheriff, or
other court, or magistrate ; to any corporation or associa-
tion, public or private, and upon a bond or undertaking
to any person or persons, conditioned upon the perform-
ance of any duty or trust, or for the doing or not doing
of anything in said bond or undertaking specified, and to
guarantee the fidelity of persons holding positions of pub-
lic or private trust, or the bonds and undertakings of such
persons; also upon bonds to indenmify against loss any May guarantee
person or persons, who are responsible as surety or bums holding
sureties upon a written instrument or otherwise, for the f^us""""*"^
faithful performance by others of any trust, otKce or duty ;
and in any case where, by law or otherwise, two sureties
are required upon any obligation which this company is
hereby authorized to assume, this company may act as
sole surety, if so accepted and approved by the court,
manjistrate or other oflScer named as the obligee in the
bond, or who is now or shall hereafter be required to
approve the sufficiency of any such bond or undertaking.

Section 4. The amount of responsibility incurred by Amount of re.
said company in behalf of any one person, partnership or b^h"ff oi-'any"^
company, shall not exceed the amount of ten per centum toti'c^edten"*
upon its paid in capital, except where the company p«^^r ceiii. of
shall be fully secured or guaranteed against all loss in
consequence of responsibility incurred in excess of said
limited amount of ten per centum, by the deposit with
the company or conveyance to it of property fully worth
at a fair and reasonable valuation the amount of such ex-
cess.

Section 5. In the conduct of its business, maintenance subject torcgu-
of reserve, investment of assets, and in all other respects so lo"ori?t"'tock'^
far as is consistent with the character of its business, such fire insurance

' companies.

company shall be subject to and governed by the regula-
tions, obligations and restrictions which are now or may
hereafter be applied to joint-stock fire insurance companies.

Approved May 28, 1884.

Chap.ITi

An Act providing for the appointment of trustees for the
state almshouse and the state workhouse.

Be it enacted, etc., as follows:

Section 1. The boards of trustees holding office under Present boards
section thirteen of chapter eighty-six and section one of °/i,ud"*'^*'* "'*'''■
chapter eighty-eight of the Public Statutes, having charge

274 1884. — Chapter 297.

of the state almshouse and the state workhouse, are hereby
abolished.
Seven trustpes, SECTION 2. The o^ovcmor With the advice and consent

Ave men and two /. ,, -i i ii • ^ n c ^

women, to be 01 thc couucu shull appoiut scveu pcFSOus, hve oi whom

appoints . shall be men and two of whom shall be women, who shall be

known as the board of trustees of the state almshouse and

state workhouse, and who shall have the power and perform

all the duties now required by law to be performed by the

trustees of the state almshouse, and the trustees of the

state workhouse, and shall make all rules and regulations

for the government of the same, subject to the approval

To hold office of the govcruor aud couucil. They shall hold office for

ireejtars. ^[^f.gg y^j^j-g^ l3^,t of ^jjg sevcn first appointed three shall

hold office for three years, three for two yeais, and one for
one year; and all vacancies occasioned by the expiration
of term of office, or in any other manner, shall be filled
by the governor and council. No person employed by
the board shall be a member thereof.
Trustees to ap- SECTION 3. The board of trustccs shall hold monthly

point Kupenu . . • -x /■!••• i i-i

ic-ndcnis. meetmgs at either oi the institutions under their charge,

and shall ajjpoint a superintendent of the state almshouse,
and a superintendent of the state workhouse, who shall
respectively hold office during the pleasure of the board,
and whose compensation shall be fixed by the trustees,
Other officers to with the approval of the governor and council. All other
eupe^fntendentf officcTS and cmplojcs shall bc appointed by the superin-
tendents, subject to the approval of the trustees, who shall
fix the compensation in each case.
Trustees, with SECTION 4. The trustccs of the state almshouse and
bourd^cTf health. State workhouse shall have authority with the approval
cha'iTty,"mHy of the statc board of health, lunacy and charity to transfer
Inatel!'^'" liimates from the state almshouse to the pauper depart-
ment of the state workhouse, and from the pauper depart-
ment of the state workhouse to the state almshouse.
They may also transfer discharged prisoners remaining
in the state workhouse to the state almshouse, when such
transfers will promote a better classification of the inmates
of the two institutions.
Repeal. SECTION 5. Section thirteen of chapter cighty-six and

section one of chapter eighty-eight of the Public Statutes,
and all other acts or parts of Jicts inconsistent with this
act are hereby repealed.
When to take SECTION 6. This act shall take effect so far as relates
to the appointment and qualification of the trustees upon

1884. — Chapter 298. 275

its passage, but in all other respects on the first day of
July next. Approved May 29, 1884.

Ax Act to ascertain by proper proofs the citizens who (JJicip,29S

ARE ENTITLED TO THE RIGHT OF SUFFRAGE.

Be it enacted, etc., asfoUotvs:

Section 1. Every male citizen of twenty-one years of .^'^""^^^^l.^' °^
age and upwards (except paupers, persons under
guardianship, and persons excluded by article twenty
of the amendments to the constitution), who has resided
within the state one year, and within the city or town in
which he claims a right to vote six months next preceding
any election of city, town, county or state officers, of rep-
resentatives to congress, or of electors of president and
vice president, and who has paid, by himself, his parent,
master or guardian, a state or county tax assessed upon
him in this state within two years next preceding such
election ; and also every citizen who shall be by law
exempted from taxation, and who shall be in all
other respects qualified as above mentioned ; and also
every citizen included in article twenty-eight of the
amendments to the constitution, — shall have a right to ^

vote in all such elections ; and no other person shall have
such right to vote, except as provided in section four.

Section 2. No person having served in the army or certain soldiers
navy of the United States in time of war, and having been dLquanHed"o°n
honorably discharged from such service, if otherwise pauperl^eic!'"^
qualified to vote, shall be disqualified therefor on account
of being a pauper, or if a pauper because of the non-pay-
ment of a poll tax.

Sections. In an election of representatives to con- Persons not ai-
gress, no person shall be allowed to vote unless he has forrepresem^a-
resided in the congressional district where he offers to g^c'sVun^ess
vote six months next preceding such election, and is other- gl'^Jd^inThe'^dis.
wise qualified accordinj; to the constitution and laws : trif-t six mombs,

X o etc,

provided, that, when the state is districted anew for mem-
bers of congress, he shall have the right so to vote in his
district according to such new arrangement ; and j9rot'i6ZefZ,
also, that no voter residing in a city which now is or here-
after may be divided by the line between congressional
districts shall be deprived of his vote in the district in
which he was assessed or liable to assessment, on, the
first day of May next precedinsf such congressional elec-
tion, if he is otherwise qualified.

276 188tt. — Chapter 298.

Women who Section 4. Every woman who is a citizen of this

vote for school Commonwealth, of twenty-one years of a<^e and upwards

committees. , . i ti* j

(except paupers, persons under guardianship, and persons
excluded by article twenty of the amendments to the consti-
tution), who has resided within the state one year, and
within the city or town in which she claims a right to vote
six months next preceding any election of school com-
mittees, and who has paid by herself, her parent, guardian
or trustee, a state, county, city or town tax assessed upon
her or her trustee in this state within two years next pre-
ceding such election, shall have a right to vote in all such
elections for members of school committees.
Right to vote, of Section 5. The provisions of section fifty-two of
emptedfrom chaptcr tvventy-sevcn of the Public Statutes are hereby
taxation. extcudcd 80 as to include, in addition to the persons therein

enumerated, every citizen who shall be by law exempted
from taxation, and who shall be in all other respects
qualified as required by the constitution.
tobecufz^eiB'^*^ SECTION 6. All ludiaus, and people of color hereto-
fore known and called Indians, within this Commonwealth,
are made and declared to be citizens of the Commonwealth,
and entitled to all the rights, privileges and immunities,
and subject to all the duties and liabilities, to which
citizens of this Commonwealth are entitled or subject.
Exemption from SECTION 7. Evcrv male inhabitant of a city or town,

taxation by rea- . "^ . ^ t .

sonofiigf, tobe who, by reason ot age, infirmity and poverty, is exempted

deemed exemp- './ O' J i *'' c c

tiou by law, etc. froui taxatiou under the twelfth clause of section five of
chapter eleven of the Public Statutes, shall be deemed to
be exempted by law within the meaning of article three
of the amendments to the constitution.

Collectors of SECTION "6. The collcctoi's of statc and couuty taxcs iu

taxes to keep . /» i

list of persons each City and town shall keep an accurate account oi the

who have paid /> 1 1 f i ^ i • i. e

taxes and upon naiiies ot all pcrsous irom whom they receive payment oi
rec"ipu.^°^'^^ any state or county tax, and of the time of such payment,
and upon request shall deliver to the person paying the
same a receipt specifying his name and the time of pay-
ment, and such receipts shall be admitted as presumptive
evidence thereof.
Collectors to re. SECTION 9. The collcctors, whether the time for which

turn such lists . ' 1 II • • 1

twice each year, they wci'e choscu has expired or not, shall, twice in each
year, namely, once not more than twenty-five nor less
than twenty days before the annual city or town elections,
and once not more than sixty nor less than fifty days be-
fore the Tuesday next after the first Monday in November,

1884. — Chapter 298. 277

return to the registrars of voters of their respective cities
and towns an accurate list of all persons from whom
they have received payment of any state or county tax
since the time appointed for making their last preceding
return.

Section 10. Every collector neglecting to make such pennityfor
return shall forfeit one hundred dollars for each neglect, faislTretum."'^
and twenty dollars for every name in respect to which he
makes a false return.

Section 11. When a male person, on or before the Assesementof
fifteenth day of September in any year, gives notice in omuteTpoiis
writing, accompanied by satisftictory evidence, to the ""^ estates.
assessors of a city or town, that he was on the first day of
May of that year an inhabitant thereof, and liable to pay
a poll tax, and furnishes under oath a true list of his polls,
and estate both real and personal, not exempt from taxa-
tion, the assessors shall assess him for his polls and estate ;
but such assessment shall be subject to the provisions of
section seventy-three of chapter eleven of the Public Stat-
utes. And the assessors shall, on or before the twentieth
day of September, deposit with the registrars of voters or
board charged with the preparation of the list of voters
of the city or town a list of the persons so assessed.
The taxes so assessed shall be entered in the tax list
of the collector of the city or town, and he shall collect
and pay over the same in the manner specified in his
warrant.

Section 12. Any woman, who is a citizen of this Assegsmem
Commonwealth, may, on or before the fifteenth day (jf ^p°'^'"°^^ •
September in any year, give notice in writing, accompa-
nied by satisfactory evidence, to the assessors of a city or
town, that she was on the first day of May of that year an
inhabitant thereof, and that she desires to pay a poll tax,
and to furnish under oath a true list of her estate, both
real and personal, not exempt from taxation, and she shall
thereupon be assessed for her poll, not exceeding fifty
cents, and for her estate, and the assessors shall, on or
bef(n-e the twentieth day of September, return her name
to the registrars of voters or board charged with the prep-
aration of the list of voters of the city or town in the list
of the persons so assessed. The taxes so assessed shall
be entered in the tax list of the collector of the city or
town, and he shall collect and pay over the same in the
manner specified in his warrant.

278

1884. — Chapter 298.

Soldiers and
others taxable,
but not assessed,
may be as-
sessed, and pay
tax and vote.

Board of regis-
trars of voters
to be appointed
in each town.

Vacancy.

Members to rep-
resent equally
the two political

Section 13. When a person makes application to the
assessors of a city or town to be assessed a poll tax for
the year then current, and it appears that the applicant
was on the first day of May preceding an inhabitant there-
of, and liable to pay a poll tax, but was not assessed
therefor, and that he is, or has been during any portion
of the two years preceding such application, engaged in
the military or naval service of the United States, the
assessors shall, provided the applicant has returned frora
said service subsequent to the time fixed by law for the
close of assessment of taxes, forthwith assess such tax,
and notify the treasurer of such city or tow^n of the assess-
ment, and the person so assessed shall, upon payment of
said tax, have the same right to be registered and vote
in said city or town as if his tax had been regularly
assessed.

Section 14. Within thirty days after the passage of
this act, the selectmen of each town, by a writing signed
by them or by a majority of them, and filed with the town
clerk, and the mayor of each city, subject to the approval
of the board of aldermen, shall appoint three able and dis-
creet persons, qualified voters in said city or town, who
shall hold no other oflSce or position by election or ap-
pointment in said city or town, who shall constitute,
together with the city or town clerk for the time being, a
board of retjistrars of voters. One of the registrars so
appointed shall hold his office until the first day of May in
the year eighteen hundred and eighty-five, one until the
first day of May in the year eighteen hundred and eijihty-
six, and one until the first day of May in the year eighteen
hundred and eighty-seven ; and in the manner aforesaid,
the mayor of each cit}^ and selectmen of each town shall
in the month of March or April in the year eighteen hun-
dred and eighty-five, and in each year thereafter, appoint
one person qualified as aforesaid, to be a registrar of
voters for the term of three years from the first day of
May then next ensuing, and until another is appointed in
his place. In case of a vacancy occurring by reason of
the death, resignation or removal from office of any one of
the registrars appointed, as aforesaid, during the term for
which he is appointed the mayor or selectmen in the man-
ner aforesaid, shall appoint a person qualified as aforesaid,
for the residue of said term. The members of said board
shall equally rejD resent the two political parties which cast

1884. — Chapter 298. 270

the largest number of votes in the Commonwealth at the parties wiiich
annual election next preceding their appointment and not vou. at the eiec
more than two of them shall be of the same political party. ce"i"g appoint-
The city or town clerk shall act as clerk of the said board, "»^"'-
shall keep a full and ftiithful record of its proceedings and
procure the serving or posting of such notices as the regis-
trars may require.

Section 15. Such registrars shall perform all the Duties, oath.
duties in relation to the registration of voters now imposed
upon existing boards of registration, or upon the mayor
and aldermen in cities where there are no registrars, and
selectmen in towns, and shall before entering upon the
duties of their oiBce take and subscribe an oath faithfully
to perform the same. They shall receive such compensa- compensation.
tion as the city council or selectmen may from time to
time determine ; but such compensation shall not be regu-
lated by the number of names registered on any list of
voters, and any reduction of compensation shall take effect
upon such registrars only as are appointed after such
reduction. The city council or selectmen shall furnish omceroom.
office room fur the registrars and such aid as may be
needed by them.

Section 1(3. The registrars, at their first meeting to Res^istrars may
make the register of voters, or at an adjournment thereof, onii^mmual
may use the voting lists of the annual election then last [.[^t pa"t?o'a d
past to aid them in forming the said register, but the t{]e"egi/^Jr"''°^
name of no person shall be placed on such register if
objected to by one of the registrars, or by a qualified
voter of the same city or town, unless he shall be known
or proved, to the satisfaction of such registrars, to be, at
the time, a qualified voter in such city or town ; nor shall
the name of any person be placed or retained on such
register without the concurrence of three of the four
registrars.

Section 17. The reo^istrars of voters in cities and Registersof

O -I e ^^ voters to be kept

towns shall make and keep a record of all persons i" towns and
entitled to vote therein at any election of town, city,
county, district, state or national officers, which shall be
known as a register of voters.

Section 18. Said reg'ister shall contain the name of To contain narre

O , . -written in full,

each voter written in full, or his first christian name, or a^re, piaoe ..f
that name by which he is generally known written in full, tion,e°c.!"oT'
with the initial or initials of any other name or names ^'"'''^"''"''
which he may have in addition to his surname, his age

280

1884. — Chapter 298.

Assessors to
f^rlli^h street
lists of the sev-
eral voting pre-
ciiictu.

Kearistrars to
publish notice
to all persons
to present
themselves for
registration.

Qualifications to
be ascertained
before register-
ing.

After lists are
printed, appli-
cant for rigis-
tration must ap-
pear in person.

Secretary to
furnish books
for registration.

and place of birth, the street or place in the town or city
where he resided on the first day of May, and at the time
of registration, the date of said registration, his occupa-
tion and place of business or employment, and such other
particulars as may be necessary fully to identify him.

Section 19. The assessors of taxes of each city shall,
on or before the fifteenth day of July in each year, cause
street lists of the several voting precincts in snch city to
be compiled and printed in pamphlet form for public dis-
tribution. Said compilation shall be by precincts sepa-
rately, not exceeding fifty copies for each, arranged so as
to show under the number of the house, or if there is no
number, then under such other definite description of
the location of the dwelling place as will enable it to be
readily ascertained, the names of all persons resident in
each dwelling, and assessed for poll taxes. The said
assessors shall send such number of copies thereof as
may be required by the board of registrars of voters to
the clerk of said board.

Section 20. The registrars of voters shall cause
proper notices to be published or posted, and proper
opportunity given at least twenty days before the annual
city or town election and at least thirty days before the
Tuesday next after the first Monday in November annu-
ally, to all persons to present themselves for registration ;
and thereafter before registering any person whose quali-
fications have not been previously determined by them,
they shall examine him under oath in regard to his quali-
fications to vote, and shall require such person to write
his name and read in the oflScial editiou thereof at least
three lines of the constitution, other than the title, in
such manner as to show that he is not prompted nor recit-
ing from memory, before they place his name on said reg-
ister, unless such person is exempted by article twenty of
the amendments to the constitution.

Section 21. After the lists of qualified voters are
printed and posted as now required by law, no name shall
be added thereto, unless the applicant for registration
appears in person before the registrars or assistant regis-
trars and proves his claim to be registered.

Section 22. The secretary of the Commonwealth
shall furnish to each board of registrars applying there-
for, at cost price, suitable blank books for said registra-
tion, and said books shall be uniform in character, and

1884.— Chapter 298.

281

shall contain eleven blank columns with uniform headings
in the followincf form : —

€

an u

« 2

NAME.

c
S

O
« -

S.2

J" o

Section 23. If the registrars are not satisfied as to
the identity or qualitications of any applicant for registra-
tion, they may make such examination of such applicant
under oath as they may consider necessary or proper to
verif;y the fact that he is possessed of the constitutional
requirements of a voter.

Section 24. If any person who will become twenty-
one years of age before the election next ensuing shall
make application to the registrars for registration in or-
der to entitle him to vote at such election, he shall be
examined under oath and admitted to registration, pro-
vided the registrars shall be satisfied that he will be of
age before such election, and that he has the other con-
stitutional qualitications of a voter and is the identical
person he professes to be.

Section 25. If the assessors of a city assess a person
in another precinct than that in which he claims to dwell
or have his home, such person may, on or before the fif-
teenth day of September in any year, file with the regis-
trars of voters a notice of his claim to be regristered in
some other precinct, specifying the same, and as soon as
may be tifter said fifteenth day of September said board
shall notify said person, fixing a time and place of hear-
ing ; and after such hearing they may change the precinct
of registry, if need be, in any case ; and they shall forth-
with, after such change, give notice thereof to the assess-
ors, who shall make the corresponding change in the
official record of their department ; and the name of no
person shall be registered in any other precinct than that
in which he was assessed, unless a claim for such regis-
tration is filed as provided in this section.

Section 26. In the several cities of this Common-
wealth, except the city of Boston, all errors in names upon

Applicant for
registration
may be exam-
iufil under oath.

May be regis-
ten-il, if lie will
become twenty,
one years of age
before next
election.

Person assessed
in wrong pre-
cinct may apply
for change, etc.

Errors in names
upon tnx bills
to be corrected.

282

1884. — Chapter 298.

Certificate of
names to be sent
to collector.

Voting lists to
be made and
posted.

Names of
■women may be
placed on a
separate list.

Voter's resi-
dence to be
entered oppo-
site name.

tax hills of persons assessed shall he corrected on said
tax bills by the hoard of assessors or the board acting as
registrars of voters, and also on forms of certificates
specially prepared for the purpose ; and every tax hill so
changed, together with the certificate, shall be stamped
with an official stamp of the board making such change
before the person whose tax bill is so changed shall be
allowed to register as a voter. All certificates of names
so changed shall be sent to the collector of taxes, who
shall, as soon as may be after the first day of January in
each year, make corresponding changes or corrections on
the list of assessed polls committed to him by the board
of assessors. The collector shall also transmit said cer-
tificates to the board of assessors, who shall, before the
first day of March in each year, make corresponding
changes or corrections on the proper books in their de-
partment.

Section 27. The registrars of voters in cities and
towns shall, at least twenty days before the annual city
and town elections, and at least thirty days before the
Tuesday next after the first Monday in November annually,
make correct alphabetical lists of all the persons qualified
to vote for the several oflScers to be elected at those times,
which lists in cities shall be by precincts separately ; and
shall, at least twenty days before the annual city or town
elections and at least thirty days before said Tuesday after
the first Monday in November annually, cause such lists
in towns to be posted up in two or more public places,
and in cities each precinct list in one or more public places
in each precinct respectively.

Section 28. The names of women may be placed
upon a separate list; and, when the name of any woman
has been placed upon the list of voters of a city or town,
it shall remain on the list as long as she continues to
reside in such city or town, and has paid any state, county,
city or town tax that has been assessed on her or her trustee
in this state within two years next preceding any election ;
provided that the facts relating to residence shall be fur-
nished to the registrars each year prior to the close of
registration.

Section 29. The place of residence of each voter, on
the first day of May next preceding the making up of the list
of voters, shall be entered thereon opposite the name of the
voter : and in cities the name of each voter shall be entered

1884. — Chapter 298. 283

upon the list of the precinct in which he was assessed,

or if not assessed, where he was liable to assessment.

When a person becomes an inhabitant of a city after the Name to be

first day of ^May, and before an election at which he is eSn wiucT

entitled to vote, his name shall be entered on the list of ^^;; ^[^^^Y^^™

the precinct of which he first becomes an inhabitant.

Section 30. The clerk of each city or town shall, on cierktosend to
the first day of every month, and also two days before names of per-
every election, send to the registrars of voters a list, eons deceased.
which in cities shall be by precincts, of male persons over
twenty-one years of age deceased within the preceding
month, or since the last time of sending such list; and
the names of snch persons found upon the list of voters
shall be erased therefrom.

Section 31. At any election other than the annual ?^''*°"J,oX';
state election, a person who has removed from one precinct to vote

, ..1 • .1 -i 1 11 i. • as at preceding

precinct to another, within the same city, snail vote in state election.
the precinct in which he was entitled to vote at the last
preceding annual state election.

Section 32. Upon a complaint in writing under oath Names regis-
made by a registered voter in a city at least seven days, stdcke^froin
or in a town at least four days, before an election, setting noUcfandTx-
forth that he has reason to believe, and does believe that imination.
a certain person is illegally registered, and the reasons
therefor, the registrars shall re-examine the matter of
the registration of such person, and if there shall appear
to be probable ground for such complaint, they shall make
a record thereof and shall summon such person to appear
before them and examine him under oath in regard to the
matter set forth in the complaint ; they may hear other
and further evidence relative thereto, and, if satisfied that
his name is entered upon the list of a precinct other than
where he ought to be registered shall transfer his name to
the list of the proper precinct and notify the assessors of
such change or if satisfied that he is not a qualified voter,
they shall strike his name from the list. Said summons
shall be directed to the person named in said affidavit,
and shall require him to appear before said board of regis-
trars at a time and place therein named, which time shall
be before the election next ensuing, then and there to
show cause why his name should remain upon the regis-
ter of voters, and a copy of this section shall be printed
upon the face of said summons. Service of the summons
shall be made by an oflicer duly qualified to serve civil or

284:

1884 — Chapter 298.

Applicationo,
etc., to be pre
served.

Sessions of reg-
istrars in towns

servnceofsum- criminal process, by delivering to the person named there-
in a copy thereof attested by the officer who serves it, or
by leaving such copy for him at his last and usual place
of abode known to the officer, not more than fourteefi days
nor less than twenty-four hours before the return day
thereof, and such officer shall return said summons to said
registrars before the return day thereof, with a certificate
of service endorsed thereon. If, after service of said sum-
mons in the manner aforesaid, a person shall fall to appear
as directed therein, without sufficient cause being shown
therefor, his name shall be stricken from the register of
voters.
affidivit'tol'r Section 33. Whoever shall knowingly or wilfully
deemed perjury, make a falsc affidavit, under the preceding section, re-
garding the qualifications of any voter shall be deemed
guilty of perjury.

Section 34. All applications, certificates or affidavits
taken by the registrars of voters under this act and acts
in amendment hereof, shall be preserved for two years.

Section 35. The registrars of voters in towns shall
be in session at some convenient place until ten o'clock in
the afternoon on the Wednesday next preceding all meet-
ings for the election of town, county, district, state or
national officer.s, and for such time previous thereto as
they may judge necessary, for the purpose of receiving
evidence of qualifications of persons claiming a right to
vote in such elections, and of correcting the list of voters;
and they shall give notice of the time and place of holding
the sessions upon the lists posted up as provided in section
twenty-seven, and shall also state therein the day of the
month when registration will cease, and that after the
close of registration no name will be entered on the list
of voters except as hereinafter provided.

Section 36. The registrars of voters in cities shall be
in session until ten o'clock in the afternoon of the Satur-
day next but one preceding the day of any election, and
for such time previous thereto as they may judge nec-
essary, for the purpose of receiving evidence of the
qualifications of persons claiming a right to vote, and of
correcting the list of voters ; and they shall give notice of
the time and place of holding the sessions upon the lists of
voters posted up as provided by section twenty-seven, and
shall also state therein the day of the month when regis-
tration will cease, and that after the close of resristration

Sessions of reg
istrars in cities.

1 884. — Chapter 298. 285

no name will be entered on the list of voters except as here-
inafter provided.

Section 37. The registration of voters in towns shall uegiBtration to

1 1 • 1 r /• 1 -»XT 1 1 cease iii towns

cease at ten o clock m the aiternoou ot the Wednesday at looviock
next preceding the day of any election, and in cities at day' next pre""^*"
ten o'clock in the afternoon of the Saturday next but one andif cukJ a"'
preceding the day of any election ; and no name shall be en- „" "^e siuufday
tered on the list of voters of any city or town after the next but one
close of registration unless the qualifications of the person tion.
as a voter have been determined by the registrars of voters
at some meeting held before the close of registration ; such
fact to be verified by the certificate of the clerk of the
board of registrars.

Section 38. The registrars of voters, before entering Naturalization
upon the regi(?ter the name of a naturalized citizen, shall produced for in-
require him to produce for their inspection his papers of ^p^ction.
naturalization, and to make oath that he is the identi-
cal person named therein ; they shall be satisfied that he
has been legally naturalized, shall make a record or memo-
randum upon said papers of the date of such inspection and
shall enter upon the said register the name and location
of the court by which said papers were issued with the
date thereof. They need not require the production of
such papers after they have once examined and passed
upon them.

Section 39. Registrars of voters shall not register voters not to be
voters in secret session, but publicly, and shall ajfford to secret^essi'on,
a reasonable number of persons of the various political i^"^ pu^^i'^iy-
parties, opportunity to witness such registration ; and the
register of voters and the record of the clerk of the board
of registrars shall at all reasonable times be open to public
inspection, without charge, at the office of the authorities
with whom they are deposited.

Section 40. The board of registrars shall possess full Registrars may

. .. 1-11 1 /• miiiiitain order

authority to maintain regularity and order and to entorce and enforce
obedience to their lawful commands in proceedings before theirTaw^ur
them, and shall have full authority to preserve peace and '=*^™'"'*i>^«-
good order at and around the place Avhere their sessions
are held, to keep the access thereto open and unobstructed,
and may call upon constables, police officers and other
persons, if necessary, to communicate their orders and
directions and to assist in the performance of the duties in
this section enjoined.

Section 41. If any person shall refuse to obey the pereon offend-

286

1S8L- Chapter 298.

ing be taken
Into custody.

Detail of police
oflicera to main-
taiu order.

Name not to be
added to voting
list until re-
corded in
register.

Name omitted
through a mis-
take by the as-
sessors may be
placed upon list
of voters after
registration
ceases.
1882, 268.

Certificate of
right to vote to
be given, if ap-
plication is
made on day of
election.

lawful command of the registrars or by disorderly conduct
in their presence or hearing shall interrupt or disturb their
proceedings, they may make an order directing any con-
stable or police officer to take the person so offending into
custody and detain him until the close of the session then
being held ; but such order shall not prohibit the person
so taken into custody from registering as a voter.

Section 42. It shall be the duty of the chief execu-
tive officer of the police force of a city, when requested so
to do by the registrars of voters, to detail a sufficient
number of police officers, who shall be stationed at the
phice of meeting of said registrars and under their direc-
tion shall preserve order and protect each and all of said
registrars from any interference with or obstruction in the
performance of their respective duties.

Section 43. No name shall be added to the list of
voters until it has been recorded in the register of voters,
and all names stricken from the register of voters shall be
stricken also from the list of voters ; no name shall be
added to a list of voters in use at any election after the
opening of the polls except to correct a clerical error or
omission, and all names on lists of voters shall be written
in full, or as provided in section eighteen.

Section 44. If a qualified voter of any city or town
whose name was on the list of voters of such city or town
for the preceding year, who has been assessed for a poll
tax for the current year, and who has paid a state or
county tax assessed upon him for the preceding or current
year, finds after the close of registration that his name is
not placed on the list of voters for the current year by
reason of the same being omitted by clerical error or
mistake from the list of polls as assessed and transmitted
by the board of assessors to the board charged with the
preparation of the list of voters, the board of assessors
shall, upon the personal application of such voter, correct
such omission or mistake, and give to him a certificate of
such correction, to be presented by him in person to the
board charged with the preparation of the list of voters,
who shall, on the receipt thereof, place the name of such
voter on the list of voters of the precinct or town in which
he was entitled to be registered ; or if application is made
on the day of election the said board last mentioned shall
give to such voter a certificate, on presentation of which
to the election officers of his precinct or town he shall be

1884. — Chapter 298. 287

allowed to vote therein ; and such certificate shall be
returned and preserved in like manner as the ballots cast
in such precinct or town.

Section 45. If the name of a qualified voter shall be Name may be
erroneously erased from the published list of voters or [f erroneously *
omitted therefrom by clerical error, he may apply to the "'"*'''^-
registrars of voters at any time before the closing of the
polls for its restoration ; and if he shall prove that his
claim be valid his name shall be restored to the list of
voters, and he shall be given a certificate thereof, if such
restoration is made on the day of election ; on presenta-
tion of which to the officers of the precinct in which he
was entitled to be registered, he shall be allowed to vote
therein ; and the certificate shall be returned and pre-
served in like manner with the ballots cast in said
precinct.

yECTioN 46. At any election held in a city between in cities, when
the day of the municipal election and the day of the annual p^ecldingeicc-
state election the list of voters prepared for the preceding ^ged/'"'''^ ^^
municipal election shall be used, subject to the changes
and erasures provided for by law.

Sectiom 47. If the registrars have duly entered on the Registrars not
list of voters the names of all persons upon the register of omiTs'iouB'.'^ ^""^
voters they shall not be answerable for any omissions from
said list of voters. Assessors and collectors shall when Assessors and
requested furnish any information in their possession funfishiufo'tma-
necessary to aid said boards of registrars in the discharge t'""-
of their respective duties.

Section 48. Wherever under this act examinations in examinations,
are authorized or required to be made under oath, or an admfnMured\y
oath is authorized or required to be made, such oath may •"'^K'^tnirs, etc.
be administered by a registrar or by an assistant registrar.

Section 49. Towns having less than three hundred selectmen and
registered voters shall be exempt from the requirements of registrars in
section fourteen of this chapter, and in such towns the i^s^'lLnXee
selectmen and town clerk shall constitute a board of regis- iJl."d'^uter^.''*'
trars of voters, and shall perform all the duties and be
subject to all the liabilities imposed by this act, and acts
in amendment hereof, upon registrars of voters. But
whenever, in any town now exempted by this section, the
register of voters shall be found to contain as many as
three hundred names, said section fourteen shall apply,
and in the month of March or of April next thereafter, a
board of registrars shall be appointed.

288

1881. — Chapter 208.

Supervisors of
registration
may be ap-
pointed by the
governor and
council, upon
petition of ten
votes in any city
or town.

Penalty for pre-
venting super-
visor from dis-
charging his
duty.

Penalty on reg-
istrar for neg-
lecting to re-
quire applicant
to read and
write, and then
placing his
name upon
register.

Penalty for pre-
venting the reg-
istration of a
legal voter, or
registering the
name of one un-
qualified to vote.

Penalty on city
or town officer
for neglect.

Penalty for reg-
istering in more
than one place,
for registering
knowing that he
is not qualified,
or for falsely

Section 50. On the petition of not less than ten quali-
fied voters in any city or town, the governor, by and with
the advice and consent of the council, shall appoint two
supervisors, able and discreet men, one from each of the
two leading political parties, who shall be authorized to
attend all sessions of the board of registrars in said city
or town, or in the city of Boston all sessions of such
assistant registrars as may be named or described in such
petition, and who shall have the right to affix their signa-
tures to the register of voters and lists of voters for
purposes of identification, and to attach thereto any state-
ment touching the truth or fairness thereof which they or
either of them may ask to attach, and any one who shall
prevent any person so appointed from doing any of the
acts authorized as aforesaid, or who shall hinder or molest
any such person in doing any of said acts, or shall aid or
abet in preventing, hindering, or molesting any such per-
son in respect of any such acts, shall be punished by im-
prisonment in jail for not more than one year.

Section 51. Any registrar of voters who shall refuse
or wilfully neglect to require an applicant for registration
to read and write, as directed by the constitution and
section twenty of this act, and shall then place or know-
ingly suffer to be placed or remain upon the register of
voters the name of such applicant, shall be punished by a
fine of not more than five hundred dollars or by imprison-
ment in jail for not more than one year for each otfence ;
and any registrar who knowingly and wilfully prevents,
or seeks to prevent, the registration of any legal voter, or
knowingly and wilfully registers the name of any person
not qualified to vote, or who shall wilfully violate any of
the provisions of this act, or be guilty of any other fraud
or corrupt conduct in the execution of the duties of his
ofBce, shall be punished by a fine of not more than three
hundred dollars for each offence ; and any other city or
town officer who wilfully neglects or refuses to perform
any duty required of him by this act and acts in amend-
ment hereof, shall, except as provided in section ten,
forfeit for each offence a sum not exceeding two hundred
dollars.

Section 52. Any person who shall cause his name to
be registered as a voter in more than one town or precinct,
or who shall cause his name to be registered knowing that
he is not a qualified voter in the city, town, or precinct

1884. — Chapter 299. 289

where said registry is made, or who shall falsely personate repiesenting

4.-4. 4. r 4-U I' another person,

or attempt to so personate any person tor the purpose ot etc.
passing the reading or writing test, or for any other pur-
pose before a registrar of voters, and any person who
shall give a false name or false answer to a registrar con-
cerning any matter relating to the registration of voters,
or to the right of any person to vote, and any person
causing any such act or aiding or abetting any person in
any manner in either of said acts shall be punished for
each and every offence by a tine of not more than three
hundred dollars, and by imprisonment in jail for not more
than one year.

Section 53. The provisions of this chapter shall not spedai laws re-
be deemed to repeal the special laws relating to assess- ment^a\?d*regi8-
ment and registration in the city of Boston ; but chapter ton*no" repealed.
six of the Public Statutes, chapter one hundred and
ninety-three of the acts of the year eighteen hundred and Repeal,
seventy-seven, chapters two hundred and forty-seven and
two hundred and sixty-eight of the acts of the year
eighteen hundred and eighty-two, and all acts and parts
of acts inconsistent herewith, are hereby repealed.

Section 54. This act shall take effect upon its passage, Not to affect
but any election which may be held previous to the next pr^el-ious t^o'^next
state election shall be conducted according to the pro- stat^^ e'ection.
visions of law heretofore regulating the same.

Approved May 29, 1884.

An Act concerning elections and voting therein. CA«^.299

Be it enacted, etc., as follows:

Section 1. Meetings for the election of national, state, Meetings may
district, county and municipal officers may be opened as eari'yas'f "^
early as seven o'clock in the forenoon ; and in no case ^otTo ifekept
shall the polls be kept open after the hour of sunset, open after
Such officers shall be voted for on one ballot, and notice
thereof shall be given in the warrant calling the meeting.

Section 2. In cities such meetings shall be opened as to be opened in
early as ten o'clock in the forenoon of the election day, loo'ciocn.M.r
and shall be called according to the provisions of the city aueart^six^''"
charters and the acts in addition thereto, and warrants for ^oms.
notifying such meetings shall specify the time when the
polls for the choice of the several officers will be opened
and when they will be closed, and the polls shall be kept
open at least six hours.

290

1884. — Chapter 299.

Cities to be
divided into vot-
ing precincts.

Boundaries of
precincts shall,
as far as pos-
sible, be centre
lines of known
streets.

Precincts to be
designated by
numbers, etc.

"When a ward of
a city is divided
into precincts,
map or descrip-
tion to be pub-
lished and
posted.

Section 3. The several cities of this state shall be
divided by the mayor and aldermen of said cities, respect-
ively, into convenient voting precincts for the holding of
all meetings for the choice of all officers who are elective
by the people. Every ward in a city containing not more
than five hundred voters shall be a voting precinct ; every
ward in a city containing more than five hundred voters
and not more than eight hundred voters may, in the cur-
rent year or in any year thereafter, on or before the first
Monday of July, be divided by the mayor and aldermen
of such city, if they shall deem it expedient, into two
precincts, to contain as nearly as may be an equal number
of voters, and such ward if not so divided shall be a
voting precinct; and every ward of a city containing
more than eight hundred voters, on or before the first
Monday of July in the current year, and as often annually
thereafter as may be necessary or expedient, shall be
divided by the mayor and aldermen of such city into two
or more voting precincts, consisting of compact and con-
tiguous territory in such manner that each precinct shall
be entire within one ward, and shall contain, as nearly as
may be, an equal number of voters. The boundaries of
such precincts shall, as far as possible, be the centre lines
of known streets or ways, and no precinct shall contain
more than eight hundred voters. The registration of
voters in the year eighteen hundred and eighty-three
shall be taken as the basis of the division in the current
year, and a division in any other year shall be made on
the basis of the registration in the preceding year. After
the division of any city into new wards as now provided
by law, said wards shall be divided into voting precincts
according to the provisions of this section. Said precincts
shall be designated by numbers or by letters of the
alphal)et.

Section 4. Whenever a ward of a city shall be
divided into two or more precincts, the mayor and alder-
men shall immediately cause the same to be published,
by making a map or description of such division, defining
it by known boundaries, and posting such map or descrip-
tion in at least ten of the most public places in each
precinct of such ward ; and the mayor and aldermen shall
also cause a reasonable number of copies of such map or
description to be furnished to the registrars of voters, the

1884. — Chapter 299. 291

assessors of taxes and the election officers in each precinct
in said city.

Section 5. The board of aldermen of each city, thirty rolling places
days at least before the day of each election, shall designate thirty days
and appoint the polling place in each of the voting pre- erection.''^ °
cincts in such city, and procure the same for such purpose,
and cause it to be suitably fitted up and prepared therefor ;
and they shall thereupon cause to be posted in at least
ten public places in each precinct a printed description
of the place so designated, and shall give such other pub-
lic notice thereof as they may think necessary or proper.
Such polling place shall be in the most public, orderly
and convenient portion of the precinct, and no building
or part of a building shall be so designated or used in
which, or in any part of which, intoxicating liquor is sold,
or has been sold, within thirty days next preceding the
day of election.

Section 6. All requirements of law in regard to the Requirements of
preparation, publication, posting or use of ward lists in waT(i"ii8t8ap-*°
cities shall be held to be complied with, by the employ- SfTie?!?"'
ment in each precinct of precinct lists of like description
in all respects, of all the legal voters therein, and the re-
quirements of law now applied to ward lists shall be, as
far as practicable, applied to precinct lists of voters.

Section 7. In each voting precinct there shall be the Election officers
following election officers, that is to say: — The mayor prldnct!°'°^
at some time between the first and the twentieth day of
September in each year shall, with the approval of the
board of aldermen, appoint for each voting precinct one
warden, one deputy warden, one clerk, one deputy clerk,
two inspectors and two deputy inspectors, qualified voters
in the ward of which each precinct forms a part, men of
good repute and standing, who shall equally' represent
each of the two political parties which cast the largest
number of votes in the Commonwealth at the annual elec-
tion next preceding their appointment. The warden and
one inspector shall be of a different political party from
the clerk and other inspector and each deputy shall be of
the same political party as his principal. Each of said officers to be
officers shall be sworn to the faithful performance of his
duties, and shall hold office for one year from the first
day of November in the year in which he is appointed,
and until a successor is appointed and qualified or he is
removed. Any one of said officers may be removed at

292

1884. — Chapter 299.

Vacancy.

Persons
appointed to be
sworn.

If certain offi-
cers are absent,
places may be
filled by
election.

Election offlceri
to attend at all
elections.

any time by the mayor, with the approval of the board of
aldermen, upon written charges of incompetence or
official misconduct preferred either by the city clerk
or by not less than six qualified voters of the ward
in which the officer is appointed to act. In case of any
vacancy occurring before the first day of November in any
year, or in case either of said officers shall decline to act,
and shall give notice thereof to the city clerk on or before
said first day of November, the mayor, with the
approval of the board of aldermen, shall appoint some
person qualified as aforesaid to fill said office ; and in
making such appointment he shall preserve in the precinct
offices the just and equal representation of the two leading
political parties. Every person so appointed shall be
sworn to the faithful performance of his duties. Every
nomination made by the mayor under this section shall
be acted on by the board of aldermen not less than
three nor more than ten days after it shall have been
made. In case of a vacancy in the office of warden, clerk
or inspector of a precinct on the day of any election, the
person appointed as deputy of said warden, clerk or
inspector shall act in bis place, and shall have the same
powers and be subject to the same duties and liabilities as
the officer for whom he acts. No deputy precinct officer
shall have power to act in any official capacity, or while
the polls are open or during the counting of the votes be
admitted to the space reserved for the precinct officers,
except while filling a vacancy as aforesaid ; and he shall
receive no compensation except for attendance at the
opening of the polls or for services while acting for the
officer whose place he fills. In case the warden and
deputy warden, or the clerk and deput}'^ clerk, or one of
the inspectors and his deputy are absent at the time
designated for the opening of the polls on the day of any
election, a suitable person shall be elected by the voters
of said precinct, by nomination and hand vote, with full
power to act for the time being in place of the absent
officer, and before entering upon the performance of his
duties he shall be sworn by the warden or clerk or, in the
absence of both of said officers, by a justice of the peace
to the faithful j^erformance thereof.

Section 8. Such election officers shall attend at the
times and places designated for meetings in their
respective precincts, for the election of any national,

1884. — Chapter 299. 293

state, district, county, city or ward officers, or for the deter-
mination of any question submitted to the qualified voters by
lawful authority, and shall have the same powers, and,
except as otherwise provided, be subject to the same
duties and liabilities as the wardens, clerks and inspectors
now holding office under existing laws, and shall receive
such reasonable compensation for each day's actual service
as the city council of their respective cities may from time
to time determine. No person shall be eligible to the Not eligible as

.. , . . /r. • • 1. u u • _ 'in election oflH-

position ot election officer in any precinct wiiere tie is cer in precinct
a candidate to be voted for, and whenever any person ^]^Zlidlleto
appointed as aforesaid becomes such candidate he may, be voted for.
upon petition therefor, be removed by the mayor not less
than three days before any election.

Section 9. Upon the petition in writins; of ten quali- supervisors of

_, /... , iii j.i' i- elections may be

tied voters of a city or' town, presented to the governor at appointed upon
least fourteen days before any election of state, district, Pofere." °^ '""
county or municipal officers, he shall appoint, by and with
the advice and consent of the council, for such town or for
each of such voting precincts as may be named in said peti-
tion, two citizens, residents of such city or town, to act as
supervisors at the said election. Said supervisors shall be To be appointed

. T n i/>,i^ IT ^•..• \ f'"oni each of the

appointed one from each ot the two leading political par- two leading
ties, and shall be present at the several precincts for which P'"*'^«-
they are appointed, and witness throughout the conduct
of the voting and counting of the votes, and remain where
the ballot-boxes are kept at all times after the polls are
open and until the votes are duly sealed in the envelope
for transmission to the authorities entitled to receive the
same. Said supervisors, and either of them, shall have the
right to affix their signatures or his signature to the certiii-
cate of the number of votes cast, for purposes of identifica-
tion, and to attach thereto any statement touching the truth
or fairness thereof which they or he may ask to attach.
Any one who shall prevent any person so desi^natpd from Penalty for hin-

1 • <> I 1 • 1 1 ii • i- V dering super-

doing any or the acts authorized by this section, or wno visors in execu-

shall hinder or molest any such person in doing any of du,"ie°8!^'"'"^

said acts, or shall aid or abet in preventing, hindering or

molesting any such persoji in respect to any such acts,

shall be punished by imprisonment in jail for not more

than one year.

Section 10. The secretary of the Commonwealth shall ^^^;?^|''^Ji?^t.

provide every city and town with a ballot-box for use at boxes at expense

1 11. . 1 /• i- f ii 1 i* of the Common-

each polling precinct or place or meeting tor the election wealth.

294

1884. — Chapter 299.

Ballots to be
cancelled.

All ballots to be
cast in such
boxes.

If ballot-box
thus furnislied
cannot be used,
balloting shall
proceed as pre-
siding officers
direct.

Cancellation of
sealed envelope
to be deemed
cancellation of
ballot.

City and town
clerks to pro-
vide places of
safe keeping for
boxes and see
that they are
kept iu repair.

Penalty for -wil-
fully injuring
ballot-box.

of national, state, district, county or municipal officers.
Said boxes shall be approved by the secretary, treasurer,
and auditor of the Commonwealth, or by a majority of
them, shall have sufficient and secure locks and keys, or
seal fastenings, and shall contain mechanical devices for
receiving, registering and cancelling every ballot deposited
therein ; but no such box shall record any number or
mark upon any ballot or envelope by which said ballots or
envelopes can be distinguished from each other. Said
ballot-boxes shall be purchased by the secretary, at a price
not exceeding tifty dollars each, and shall be paid for out
of the state ireasury.

Section 11. All ballots cast at any such election held
on or after the first day of November, in the year eighteen
hundred and eighty-four, shall be deposited in such boxes,
and no ballots shall be counted in ascertaining the result of
such election unless so deposited and cancelled, or depos-
ited in accordance with the two following sections.

Section 12. If for any cause it shall become impossi-
ble at any election to make use of the ballot-box furnished
by the secretary of the Commonwealth as herein provided,
the balloting shall proceed as the presiding officers at said
election shall direct; the clerk shall make a record of the
facts pertaining thereto and return an attested copy of his
record thereof enclosed in the envelope provided accord-
ing to law for the return of the ballots cast at such elec-
tion.

Section 13. If a ballot shall be cast enclosed in a
sealed envelope as provided by law, the cancellation of
said envelope shall be deemed a cancellation of the ballot,
and the presiding officer at said election shall preserve said
ballot, replaced in the envelope which enclosed the same,
with the other ballots cast at said election.

Section 14. City and town clerks shall, at the ex-
pense of their cities and towns, provide therein places for
the safe and suitable keeping of the ballot-boxes furnished
by the Commonwealth ; shall have the care and custody
thereof; shall see that they are kept in good order and
repair ; and if any of them are lost, destroyed or irrepara-
bly damaged, shall, at the expense of said city or town,
replace the same by similar ballot-boxes, approved as in
section ten of this act.

Skction 15. Whoever wilfully or maliciously destroys
or injures a ballot-box, or the mechanism thereof, shall be

1884. — Chapter 299. 295

punished by imprisonment not exceeding one year, and
by a fine not exceeding five hundred dollars.

Section 16. In cities the city clerk shall send to the Boxes to be sent
ofiicers of each precinct, before the opening of the polls ceMrbetbre^'the
on every election day, the ballot-box furnished by the sec- opened?on
retary of the Commonwealth, with such seals and other every election
ballot-boxes as may be approved by the board of alder-
men. At the opening of the polls in each precinct, and
before any ballots are received, the ballot-box shall be
publicly opened and shown to be empty, and the election
officers shall, by personal examination, ascertain that the
same is empty, after which immediately the box shall be
locked or fastened, a record of the condition of the box
register made by the clerk, and the key taken, if one be Keyofboxtobe
used, and retained by the constable or police officer in ceHnlttend-
attendance at said precinct. The ballot-box shall not be '*"°^"
removed from the public view, after it is so shown to be
empty, until all ballots have been removed therefrom and
the I30X has been relocked or sealed. No ballot shall be
removed from the ballot-box in any precinct while the
polls are open, and the box shall not be opened except
that, in order to make room for the deposit of all ballots,
the warden may, in the presence of all the election offi-
cers, open the Idox and pack and press down the ballots
therein.

Section 17. Whenever any person offers to vote he Person offering
shall give his name, and if requested so to do, his resi- hVnLmVetf'to
dence, to the warden or presiding officer of the precinct, ^h^'o'shafi a?-"^*^
■who shall thereupon announce the same in a loud and pounce the same

/> • 1 T 1 1 1 • /• 1 '" '^ ^""'^ voice.

distinct tone of voice, clear and audible, and it such name
is found upon the check list by the election officer having
charge thereof, he shall, in a loud and distinct tone of
voice, clear and audible, repeat said name, and the voter
may then deposit his ballot in the box, with the face Baiiot to be de-

dT ii?iii • ij 1 posited face

ownwards, open and unfolded, or in a sealed envelope, downwards.

and his name shall be immediately checked on said list.

The officers in charge of the box and the list respectively

shall be of different political parties.

Section 18. The board of aldermen may pass such Regulations as

regulations in regard to the use of the seals and ballot- andboxes^*

boxes and the manner of receiving, counting and return- turnhlg^voteV^'

ing the votes as they may deem expedient, provided such ™"y^:?P*"®-

G J J I _ ■> 1 _ _ scribed by

regulations are not inconsistent with the provisions of aldermen.
law ; and if any person wilfully neglects or refuses to

296

1884. - Chapter 299.

Votes to be re-
ceived, etc., and
declared in open
meeting.

Names checked
on list to be
counted aloud.

Box, witliont
being removed
from public
view shall be
opened by pre-
siding officer.

Ballots to be
counted aloud.

Precinct clerks
to deliver certi-
fied copies of
records to city
clerks.

Sections 16, 17
and 19 to apply
to elections in
towns, except
where there are
more than COO
voters, the
check lists may
be counted after
the ballots.

comply with any of such regulations, he shall be punished
by fine not exceeding one hundred dollars, or by imprison-
ment in the house of correction not exceeding six months.

Section 19. The votes in elections for national, state,
county, district and municipal officers shall be received,
sorted and counted by the selectmen and by the election
officers, and public declaration made thereof in open town
or precinct meetings. As soon as the polls are closed the
selectmen and town clerk or election officers shall proceed
to canvass the votes ; such canvass shall be public, and
shall not be adjourned or postponed until it shall have
been fully completed. As soon as the polls are closed, a
record shall be made by the clerk of the condition of the bal-
lot-box register ; the officer in charge of the check list or list
of voters shall, in the presence of the other officers and the
public, count in a distinct and audible voice the names
checked on said list and announce the whole number
thereof; the ballot-box, without being removed from the
public view, shall then be opened by the warden or' pre-
siding officer ; the ballots shall be taken therefrom and
audibly counted one by one, and when the count is com-
pleted the whole number of ballots cast shall be announced
and the counting of the number of votes received by each
person voted for shall then proceed. All ballots after be-
ing removed from the box shall be kept within the unob-
structed view of the voters present at the place of meeting
until they are placed in the envelope as required by law.
The total number of ballots cast, the names of persons
voted for, the number of votes received for each person,
and the title of the office for which he is proposed, together
with the number of blank votes for each office shall be
entered in words at length by the town, ward, or precinct
clerks in their respective records. The precinct clerks
shall forthwith deliver certified copies of such records to
the city clerks, who shall forthwith enter the same in the
city records.

Section 20. Sections sixteen, seventeen and nineteen
of this chapter shall apply to the conduct of elections in
towns, except that in towns having more than six hundred
voters the counting of the check list may be made after
the counting of the ballots ; and the ballot-box may be
opened and ballots taken therefrom and counted whenever
in the unanimous judgment of the selectmen, supervisors
and town clerk it is necessary or advisable so to do.

1884. — Chapter 299. 297

Section 21. Votes for different persons for the same votes for difFer-
office, found in one envelope or on one ballot, shall not be gameoflaceon
counted, and if more than one vote for the same person brcount*ed"°"°
for the same office is found in one envelope or on one
ballot but one such vote shall be counted, and no vote
shall be counted which does not clearly indicate in writing
the office for which the person voted for is designed, ex-
cept when but one officer is voted for.

Section 22. In every election in a city, the warden votes to be se-
er presiding officer shall cause all ballots given in by the enveiop"eanci be
qualified voters of the precinct in which such election has havfng"^ee''n'"
been held, after the same have been sorted, counted, de- counted, etc.
clared and recorded, to be secured in an envelope in opon
precinct meeting, and sealed with a seal provided for the
purpose, and with the private seal of any election officer
or supervisor who may desire to affix the same, and a
majority of the election officers in each precinct shall en- EDdorsement
dorse upon the envelope for what officers and in what fo'r°what^offl?ers
precinct the ballots were received, the date of the election, predncu^'''
and their certificate that all the ballots given in by the
voters of the precinct, and none other, are contained in
said envelope.

Section 23. The warden or presiding officer shall Baiiots sealed
forthwith transmit the ballots, sealed as aforesaid, to the transmitted to
city clerk by the constable or police officer in attendance °"y*'®'^ ■
at said election ; and the precinct clerk shall retain the
custody of the seal and deliver the same, together with
the records of the precinct and other documents, to the
city clerk at the close of the municipal year.

Section 24. In every election in a city, in which a check ust to be
check list is required by law to be used, the warden or seaiedfand
presiding officer of each precinct shall cause the check list cuy cTer"^** ***
so used to be enclosed and sealed in an envelope and trans-
mitted in the same manner as the ballots cast at such
election are required to be secured and transmitted ; and
the election officers in each precinct shall certify on such
envelope to the identity of the check list so enclosed.
The city clerk may furnish a copy of a check list after it
has been used in any precinct upon the application of not
less than ten legal voters resident within the ward of which
the precinct forms a part ; and immediately upon such
copy being furnished, the check list shall be again sealed
up.

Section 25. Selectmen of towns and city clerks in check ii«tB to i>«

298 1884. — Chapter 299.

prf served like citles shall presei've in their custody the check list used at

ballots. j^j^y election for the same length of time as is required

by law for the preservation of ballots. And as soon as

may be thereafter they shall transmit said lists to the clerk

of the board of registrars of voters of their respective

towns and cities, and said board shall preserve them for

future reference in such manner as they may deem best.

fainfngwio""" SECTION 26. City and town clerks shall receive the

to be retained, euvclopcs Containing the ballots thrown at any election,

sealed as provided in section twenty-two of this act and

section thirty-one of chapter seven of the Public Statutes,

and shall retain them in their care until the requirements

To be destroyed of law havc bccu Complied with ; and as soon as may be

ratk)n"unde""" thereafter, said clerks shall cause such ballots to be de-

penaity. stroycd without examining them, or permitting them to

be examined by any person whatsoever, and shall make '

an entry in the records of the city or town that they have

been so destroyed ; and any such clerk who examines

such ballots, or permits them to be examined, shall be

punished by fine not exceeding two hundred dollars.

Description of. SECTION 27. No persou shall print any ballot for use

ballot permitted i • /> i i • i- • i t

to be used. at any election tor the choice or any national, state, dis-
trict, county, or municipal officers, or shall distribute at
any such election any printed ballot unless such ballots
are of plain white paper, in weight not less than that of
ordinary printing paper, and are not more than five nor
less than four and a half inches in width, and not more
than thirteen and a half nor less than twelve inches in
length, and unless the same are printed with black ink on
one side of the paper only, and contain no printing, en-
graving, device or mark of any kind upon the back thereof.
'J he names of candidates shall be printed at right angles
with the length of the ballot, in capital letters not less
one-eighth nor more than one-quarter of an inch in height:

Proviso. provided, however, that any ballot containing the names of

less than four candidates may be not more and shall be
not less than six inches in length. The name of any per-
son appearing upon any ballot as a candidate for any oflSce
shall not be repeated thereon with respect to the same
office. Nothing herein contained shall authorize the re-
fusal to receive or count any ballot for any want of con-
formity with the requirements of this section.

Penalty. SECTION 28. Whoevcr offends against any of the pro-

visions of the preceding section shall be punished by fine

1884. — Chapter 299. 299

not exceeding one hundred dollars, or by imprisonment
in jail not exceeding one year.

Section 29. If, within thirty days next following the uponnoticeof

J ' if ■ J 4. 1- acoiitosted

day or an election, a person who received votes tor any election, cierk
office at said election, serves by himself, his agent or at- enveioplcon-
torney, upon the clerk of any town, a statement in writ- 'a>"i"g ^ai'ots.
ing claiming an election to such office, or declaring an
intention to contest the election of any other person who
has received, or who may receive, a certificiite of election
for the same, such clerk shall retain the envelope contain-
ing the ballots thrown at such election, sealed as provided
by law, subject to the order of the body to which either
of said persons may claim or be held to have been elected,
or of the board required by law finally to examine the re-
turns and issue certificates of election, or until such claim
is withdrawn or such election is decided by the authority
competent to finally determine the same. In all such cierkmaybe
cases said body or board may order the clerk of such town pearwith°"^
to appear before them and l)ring with him the envelopes tSnilrg^bluors.
containing the ballots cast at said election. Said clerk
shall appear according to said order, and said body or
board may open said envelopes, recount the ballots therein,
and amend the returns relating thereto in accordance with
the result of such recount.

Section 30. Whenever a recount of ballots is had ?f."';!.filLT-

QiaateB may be

under the preceding section, the provisions of chapter present at
forty-two of the acts of the year eighteen hundred and
eighty-three shall apply.

Section 31. If, within six days next following the Recount of
day of any election, ten or more qualified voters of any boaTddf aider-
ward file with the city clerk a statement in writing that '"®""
they have reason to believe that the returns of the officers
of certain precincts in said ward are erroneous, specifying
wherein they deem them iu error, said clerk shall forth-
with transmit such statement to the board of aldermen or
the committee thereof appointed to examine the returns
of said election. The board of aldermen, or their com-
mittee, shall thereupon, and within eight days next fol-
lowing the day of election, open the envelope or envelopes
and examine the ballots thrown in said precinct, and de-
termine the questions raised ; they shall then again seal
the envelope, either with the seal of the city or a seal pro-
vided for the purpose, and endorse upon said envelope a
certificate that the same has been opened and again sealed

300 1884. — Chapter 299.

by them in conformity to law; and the envelope, sealed
as aforesaid, shall be returned to the city clerk, who,
upon the certificate of the board of aldermen, or of their
committee, shall alter and amend such of the precinct re-
turns as have been proved to be erroneous, and such
amended returns shall stand as the true returns of the
precinct.
Aldermen not SECTION 32. The board of aldcrmcu shall uot declare

to declare result i /. . • -i i • ,» />!•

of election until the rcsult ot an election until the time tor tiiinff a request

time for recount /. x/'ii.i -i ' p i.

has expired. lor a rccouut oi Oallots has expired, or, in case ot such
request havinof been made, until the said ballots have been
examined and the returns amended, if found erroneous ;
any provision in the charter of any city or in any act in
amendment thereof to the contrary notwithstanding.

City clerk to SECTION 33. The clcrk of each city shall furnish to

furnish precinct ,,,,., . i /> •. i i i

clerks with seal the clcrks ot the scvcral precincts a seal ot suitable ae-
envetopes! "'' vicc, the dcslgu for which shall include the number or
designation ot* the ward and ot the precinct for which it is
furnished, and said seal shall be used in sealing the envel-
opes as required by law at any election.
County commis. SECTION 34. Scctiou fifty of chapter seven of the Pub-

Bioners to notify , . ,^ . , , -, i i ■% i- 1 1

person chosen lic Statutcs IS hereby amended to read as tollows : —
reglster^of"^ Couttty commissioucrs shall, on the first Wednesday of
''*''*'*• the month next succeeding an election for county treas-

urer or register of deeds in their county, open and
examine the returned copies of records of votes at such
Also to notify elcctiou aud notify the person chosen of his election ; they
t esecietaiy. gj^.j|i jj]gfj forthwith uotify the secretary of the Common-
wealth of the name and residence of every person so
chosen and the date when his term of service will expire ;
and shall give the like notice of any vacancy in either of
said offices. In Suffolk County the board of aldermen of
Boston, within ten days after an election for register of
deeds for said county shall so open and examine the votes
of such election and give notice as above provided.
If it appears Section 35, If upon examination of the copies of the

ordisincom- rccords of votcs, as required by section forty-eight ofchap-
Siw^co*^y may tcr sevcu of the Public Statutes and section fifty of the
be required. game chaptcr, amended by this act, it shall appear to the
board of examiners or county commissioners that any
such copy is incomplete or erroneous, they may order a
new copy of the record to be made and transmitted in the
manner provided for making and transmitting the original
New copy to be rctum. Said new copy shall be returned by the clerk of

188i. — Chapter 299. 301

the city or town within seven days after the date of the returned within
order requiring the same to be made, and if adjudged to be *'*^*° "^*"
correct and in conformity to the requirements of law,
shall thereupon have the same force and effect as an orig-
inal return correctly made and transmitted.

Section 36. Any city or town officer wilfully neglect- penalty on city
ing or refusing to perform the duties required of him under foVn7g°ecu°'^'^
the preceding section and section twenty-nine shall for
each olfence forfeit a sum not exceeding two hundred
dollars.

Section 37. Precinct officers shall possess full author- prednct officers
ity to maintain regularity and order and to enforce p°ow'^rto"pre.
obedience to their lawful commands during an election an"nrmmd '^^
and during the canvass of the votes after the closins: of poi''"gp''»ce-
the polls, and shall have full authority to preserve peace
and good order at and around the polling place and to
keep the access thereto open and unobstructed, and may re-
quire any police officers, constables or other persons
present to communicate their orders and directions and to
assist in the performance of the duties in this section en-
joined.

Section 38. It shall be the duty of the chief executive poiice officers to
officer of the police force of each city to detail a sufficient poulng places!
number of police officers for each voting precinct, who
shall be stationed at each polling place in such precincts
on the day of election to preserve order, and to protect
each and all of said election officers and supervisors from
any interference with or obstruction in the performance of
their respective duties and to aid in enforcing the provis-
ions of this act.

Section 39. If any person shall refuse to obey the Arrest for dis-
lawful commands of the election officers, or, by disorderly hi "presence of *"'
conduct in their presence or hearing, shall interrupt or ''''"'''°" °^'"'"'
disturb their proceedings, they may make an order direct-
ing any constable or police officer, or other person, to
take the person so offending into custody, and detain him
until the final canvass of the votes shall be completed, but
such order shall not prohibit the person so taken into cus-
tody from voting at such election.

Section 40. If any person shall wilfully disobey any Arrest for ..(,-
lawful commands of the election officers, or shall wUfully arofon^hu"
and without lawful authority obstruct, hinder or delay any piaL?'^°"'"^
voter on his way to any polling place where an election
shall be held, or while he is exercising, or attempting to

302

1884. — Chapter 299.

Penalty for
illegal voting.

Penalty for aid-
ing in illegal
voting.

Penalty for
alterint; ballot,
or depositing
ballot, -witli in-
tent to cheat.

Election laws of
Boston not re-
pealed.

Repeal.

exercise, the right of voting, or shall aid or assist in such
obstruction or delay, he shall be punished by fine not ex-
ceeding two hundred dollars, or by imprisonment in the
house of correction for not more than one year.

Section 41. Whoever knowing that he is not a quali-
fied voter at an election wilfully votes for any officers to
be then chosen, or whoever so votes more than once on
his own name, or whoever so votes in more than one
town, or voting precinct, his name having been registered
more than once or. in more than one town, or voting pre-
cinct, shall be punished by fine not less than three hun-
dred dollars, or by imprisonment in jail for not less than
three nor more than twelve months.

Section 42. Whoever wilfully aids or abets any one
not legally qualified in voting or attempting to vote at an
election, shall forfeit a sum not exceeding two hundred
dollars for every such ofience, or shall be punished by
imprisonment in jail for not less than one nor more than
twelve months.

Section 43. Whoever, with intent to cheat or defraud,
alters any ballot cast for any officer at any election held
for the choice of public officers ; and whoever, with such
intent, deposits any ballot in the ballot-box used at such
election, or in the envelope used for the preservation of
ballots cast at such election ; and whoever, with such
intent, removes any ballot from such ballot-box or en-
velope,— shall be punished by fine not exceeding five hun-
dred dollars, or by imprisonment in the jail not exceeding
three years.

Section 44. The provisions of this chapter shall not
be deemed to repeal the special laws relating to elections
in the city of Boston. Sections one, two, sixteen, seven-
teen, eighteen, nineteen, twenty, twenty-one, twenty-six,
twenty - seven , twenty-eight, twenty-nine, thirty-four,
thirty-six, thirty-eight, thirty-nine, fifty-one, fifty-two, fif-
ty-five and sixty-two, of chapter seven of the Public Stat-
utes, chapter two hundred and ninety-one of the acts of the
year eighteen hundred and eighty-one, chapter seventy-four
of the acts of the year eighteen hundred and eighty-two, and
all acts and parts of acts inconsistent herewith, are hereby
repealed ; and in the remaining sections of said chapter
seven, wherever the terms "ward," "ward meetings"
and " ward officers " occur, they shall be held to mean

1884.— Chapters 300, 301. 303

precinct, precinct meetings and precinct officers, or elec-
tion officers, respectively, as described in this act.

Section 45. This act shall take effect upon its passage ; Not to affect
but any election which may be held previous to the next p/eWous t^o^'next
state election, shall be conducted according to the pro-
visions of law heretofore regulating the same.

Ajjproved May 29, 1884.

An act to change the name of the harvard clock company.
Be it enacted, etc., as follows :

Section 1. The name of the Harvard Clock Company, Name changed

, . • J 1 iU II X* ii to the Boston

a corporation organized under the general laws ot the ciockCom.
Commonwealth, is changed to the Boston Clock Company, p'"^^-
Section 2. This act shall take effect upon its passage.

Approved May 29, 1884.

state election.

Chap.^O^y

A.T!i Act relating to the powers of married women in the

DISPOSAL OF their SEPARATE ESTATE BY WILL OR DEED.

GJiap.^01

Be it enacted, etc., as follows :

Section 1. Section six of chapter one hundred and Rigttofmar-

/>i-n.ii'i:-i !• •! /• i"ied women to

Torty-seven or the rublic Statutes relating to the rights or dispose of prop.
a married woman to make her will is hereby amended so deid. ^^'
as to read as follows : — A married woman may make a will
in the same manner and with the same effect as if she
were sole, except that such will shall not, without the
husband's written consent, operate to deprive him of his
tenancy by the curtesy in her real estate, or of more than
one-half of her personal estate. A married woman de-
serted by, or living apart from her husband for a justifia-
ble cause, when the proper court having jurisdiction of the
parties and the cause of action, shall have entered a decree
establishing the fact of such desertion by, or living apart
from her husband for justifiable cause, may make a will in
the same manner and with the same effect as if she were
sole, and may by such will, or under such circumstances
by deed, without her husband's written consent, dispose
of all her real and personal estate.

Section 2. This act shall take effect upon its passage.

Approved May 29, 1884.

304 1884. — Chapters 302, 303.

C'Att7?.302 ^^ ^^"^ "^^ KEGULATE THE CONSTRUCTION AND OPERATING OF
TELEPHONIC, TELEGRAPHIC AND OTHER ELECTRICAL LINES.

Be it enacted, etc. , as follows :
Penalty for SECTION 1. Everv corporatioD or person raaintaiuing:

afiixins tele- . • . •

phonic line, etc., or Operating a telephonic, telegraphic or other electrical
anothM'^wfthout line, or any one who in any manner affixes or causes to be
permission. affixcd to the property of another any post, structure, fix-
ture, wire or other apparatus for telephonic, telegraphic
or other electrical communication, or enters upon the
property of another for the purpose of affixing the same
without first obtaining the consent of the owner or lawful
agent of the owner of such property, shall on complaint
of such owner or his tenant, be punished by fine not ex-
ceeding one hundred dollars.
Nanaeofcorpo- SECTION 2. Evcry Corporation or person maintaining
marked upon or Operating a telephonic, telegraphic or other electrical
^^VeTin^is""^* line shall, at all places where such line is affixed by any
affixed. post, structurc or fixture to the property of another, mark

such post, structure or fixture in a clear, durable and legi-
ble manner with the name of the corporation or person
maintaining or operating such line, and any corporation or
person failing to comply with the provisions of this section
shall for each failure so to comply be punished by fine not
exceeding one hundred dollars.
To take effect SECTION 3. This act shall take effect on the first day
of January in the year eighteen hundred and eighty-five.

Approved May 29 , 1884.

OA«7?.303 ^^ ^^"^ "^^ AMEND THE CHARTER OP THE CITY OP SPRINGFIELD IN
RELATION TO THE ELECTION OF ALDERMEN.

Be it enacted, etc., as follows :

Election of SECTION 1. The aldcrmcu of the city of Springfield

shall consist of one citizen from each ward elected at large
for the term of two years by the qualified voteid of the
city voting in their respective wards : provided, that after
the first election under this act one-half of the number of
said aldermen shall be elected in alternate years, to wit : —
At the first municipal ejection after this act shall take
effect an alderman shall be elected from each of the wards
one, three, five and seven for the term of one year, and from
each of wards two, four, six and eight for the term of two
years, and thereafter as herein before provided the alder-
men shall be chosen for the term of two years.

1884. — Chapters 304, 305. 305

Section 2. All parts of the charter of the city of Repeal.
Springfield or aaiendraents thereto inconsistent herewith
are hereby repealed.

Section 3. This act shall take effect upon its accept- t^ubject to ac-
ance by a majority of the qualified voters of the city of m^o^rity vote.
Springfield voting in their respective wards at the next
municipal election following the passage of this act.

Approved 3Iay 29, 1884.

Ax Act relating to practice in the superior court. (7/iax>.304
Be it enacted, etc., as follows:

Section 1. Whenever in an action upon the trial list for Disposition of

. c .\ • L J.I. i* iU i. /2 1 actions upon the

any term or the superior court the parties thereto file an trial list by
agreement in writing that such action shall be marked for plnfe™.^"' °*^
trial not before a certain day in the same or the succeed-
ing term, such action shall, if reached in its order upon
said trial list before such day, be postponed thereto in
accordance with such agreement, and shall be placed upon
the list of actions in order for trial on such day next after
the cases, if any, which have been on the list for the pre-
ceding court day : provided, that if such action is in order proviso.
for trial on the day on which such agreement is filed, it
shall not, if reached on that day, be so postponed except
by order of the court.

Section 2. If two or more actions are postponed, as ouiist for trial
provided in the preceding section, to the same day, they which agree-''
shall be placed upon the list of actions for trial on that aied!*^^"^®
day in the order in which the agreements for such post-
ponement were filed. Approved June 2, 1884.

An Act to authorize the boston, barre and Gardner rail- C/Jiap.305

ROAD corporation TO USE THE PROCEEDS OF CERTAIN BONDS
IN ITS TREASURY.

Be it enacted, etc., as follows:

Section 1. The Boston, Barre and Gardner Eailroad ^'^y^^lP?- ,

... 1 • 1 ceeds of sales of

Corporation IS hereby authorized to use the proceeds of certain bonds
the sales of the remainder of the bonds authorized under inde^btldness."
the provisions of chapter two hundred and seventy-two of
the acts of the year eighteen hundred and seventy-nine,
which bonds are now in its treasury, for the purpose of
providing for the payment of its indebtedness now out-
standing or hereafter to be created : provided^ that no ProvUo.
legal or equitable right of any holder of any bond hereto-

306

1884. — Chapter 306.

holders not im
paired

hofders^ifoum^-' ^^^^ issued Under the authority of said chapter two hun-
dred and seventy-two of the acts of eighteen hundred and
seventy-nine shall be in any way affected or impaired by
the provisions of this act or by the issue of any bonds
hereafter to be issued under the same until he shall have
signified his consent to the provisions of this act by filing
such consent in writing with the trustees under said
mortgage, specifying therein the numbers and amounts of
the bonds held by him, and by endorsement of such con-
sent on said bonds.

Section 2. This act shall take effect upon its passage.

A;^roved June 2, 1884.

Compensation
for damages
caused by erec-
tion of telegraph
and telephone^
lines.

ChCip.SOQ ^N ■^^'^ PROVIDING FOR COMPENSATION FOR DAMAGES OCCASIONED
BY THE ERECTION OF TELEGRAPH AND TELEPHONE LINES.

Be it enacted, etc. , as follows :

Section 1. Section four of chapter one hundred and
nine of the Public Statutes is hereby amended so as to
read as follows: — An owner of land abutting upon a
highway or road along which telegraph or telephone, elec-
tric light or electric power lines have been or shall here-
after be constructed, erected or altered in location or con-
struction by any telegraph or telephone, electric light or
electric power company, if said owner's property is in any
manner injuriously affected or lessened in value whether
by occupation of the ground or of the air, or otherwise
by such construction, erection or alteration in location or
construction of any such telegraph or telephone line
whether such owner is also the owner of the lee in such
way or not, may within three months after such construc-
tion, erection or alteration, or in the case of lines hereto-
fore constructed, within one year from the passage of this
act apply to the mayor and aldermen or selectmen to
assess and appraise his damage. Before entering upon
the service the mayor and aldermen or selectmen shall
severally be sworn faithfully and impartially to perform
the duties required of them by this act. They shall on
view make a just appraisement in writing of the loss or
damage, if any, to the applicant, sign duplicates thereof,
and on demand deliver one copy to the applicant and the
other to the company or its agent. If damages are
assessed the company shall pay the same with the costs
of the appraisers. If the appraisers award that the

Damages to be
assessed by
mayor and
aldermen or
selectmen.

1884. — Chapter 307. 307

applicant has suffered no damage he shall pay the costs
of the appraisers.

Section 2. If any such telegraph or telephone com- if-imountisnot
pany shall not pay the amount of the damages appraised [hiny'day",
as provided in section one of this act, or in case of appeal removed?' ^^
the amount of the final judgment, within thirty days after
demand, the mayor and aldermen or selectmen may upon
request of the person in whose favor such appraisement or
judgment was made remove all the posts, wires or other
structures of such company from that portion of the street
or way upon which the land of such person abuts. Before
the mayor and aldermen or selectmen remove any such
posts, wires or other structures they shall leave a written
statement at the office of such company in such city or
town of the time when and place where they intend to re-
move such posts, wires or structures, not less than forty-
eight hours prior to such removal. If such company has
no office in such city or town such notice shall be deposited
in the post office, postage prepaid, and directed to such
company atits office in some city ortown inthecounty. The Expense of re-

• . ^ • 1 J • -. moval recover-

city or town so removing any such posts, wires or struct- able from the
ures ma}^ recover the expense thereof of such company. '=°'"P'*"y-
Nothing in this section shall prevent such judgment credi-
tor from the collection of the amount due him in the man-
ner provided by law. Approved June 2, 1884.

An Act to prevent the adulteration of vinegar. Chcip.307

Be it enacted, etc., as follows:

Section 1. No person shall by himself, his servant or cider vinegar
agent or as the servant or agent of any other person, sell, tobe^oid!'"^
exchange, deliver, or have in his custody or possession
with intent to sell or exchange, or expose or offer for sale
or exchange any adulterated vinegar, or label, brand or
sell as cider vinegar, or as apple vinegar, any vinegar not
the legitimate product of pure apple juice, or not made
exclusively from apple cider.

Section 2. All vinegar shall have an acidity equiva- Merchantable
lent to the presence of not less than five per cent, by '^"®^*'''
weight of absolute acetic acid, and in the case of cider
vinegar shall contain in addition not less than one and
one-half per cent, by weight of cider vinegar solids upon
full evaporation over boiling water, and if any vinegar
contains less than the above amount of acidity, or if any
eider vinegar contains less than the above amount of cider

308

1884. ~ Chapters 308, 309.

Inspectors of
milk to enforce
law.

Penalty.

Repeal.

vinegar solids, such vinegar shall be deemed to be adul-
terated within the meaning of this act.

Section 3. It shall be the duty of the inspectors of
milk who may be appointed by anj' city or town to en-
force the provisions of this act.

Section 4. Whoever violates any of the provisions of
this act shall be punished by fine not exceeding one hun-
dred dollars.

Section 5. All acts or parts of acts inconsistent with
this act are hereby repealed. Approved June 2, 1884.

{yhctp.SOS An Act to protect game, and to protect private lands from

TRESPASS.

Be it enacted, etc., as follows:

Section 1. Whenever the owner of any land shall
conspicuously post on the same, notices that shooting or
trapping is prohibited thereon, it shall be unlawful for
any person to enter upon such land for the purpose of
shooting or trapping, without permission of the owner
thereof.

Section 2. Game artificially propagated and main-
tained upon lands, posted as above, shall be the exclusive
property of the person propagating and maintaining the
same, but such person shall not sell such game for food at
seasons when its capture is prohibited by law.

Section 3. Whoever offends against any of the pro-
visions of this act shall be punished by fine not exceeding
twenty dollars. Approved June 2, 1884.

Not to enter
■upon land for
shooting, etc.,
■where notice is
posted.

Game arti-
ficially propa.
gated, pro-
tected.

Penalty.

Chap.dOd

City ofWal-
tham incorpo-
rated.

(xovernment
vested in a
mayor and one
council of
twenty-one
members, called
the board of
aldermen.

An Act to incorporate the city of waltham.
Be it enacted^ etc. , as follows :

Section 1. The inhabitants of the town of Waltham
shall continue to be a body politic and corporate under the
name of the " City of Waltham," and as such shall have,
exercise and enjoy all the rights, immunities, powers and
privileges, and shall be subject to all the duties and obli-
gations now incumbent upon and pertaining to the said
town as a municipal corporation.

Section 2. The administration of all the fiscal, pru-
dential and municipal affairs of said city, with the govern-
ment thereof, shall be vested in an officer to be called the
mayor, and one council of twenty-one members, to be
called the board of aldermen. A majority of said board
shall constitute a quorum for the transaction of business,

1884. — Chapter 309. 309

and no member shall receive any compensation for his
services.

Section 3. The territory of said city shall be divided cuytobedi-

•^ •^ . vided into seven

into seven wards so that the wards shall contain, as nearly wards.
as may be consistent with well defined limits to each ward,
an equal number of voters.

Section 4. The municipal election shall take place on Municipal eiec-
the first Tuesday of December annually ; and the munici- ningofmunf-"*
pal year shall begin on the first Monday of January fol- ^"P"^ y^'"""-
lowing. All meetings of the citizens for municipal pur-
poses shall be called by warrants issued by the mayor and
aldermen, which shall be in such form, and be served,
executed and returned in such manner and at such times
as the board of aldermen may by ordinance direct.

Section 5. The mayor and aldermen are authorized, ward meetings
when no convenient ward room for holding ward meetings wuhoutthe
of the citizens of either of the wards of the city can be wardbyo^rder
had within the territorial limits of such ward, to appoint and'fi^rmM.
and direct, in the warrants for calling the ward meetings
of such wards, the said meetings to be held in some con-
venient and proximate place within the limits of any other
of the wards of said city ; and for such purposes the place
so assigned for the meeting of such ward shall be deemed
and taken to be included in and part of said ward, as
though the same was in the territorial limits thereof.

Section 6. All city and ward ofiScers shall be held to officers held to
discharge the duties of the offices to which they have been tbeir duties not-
respectively chosen, notwithstanding their removal after removaud"^
their election out of their respective ward into any other another ward.
wards of the city ; but a removal of residence out of the
city shall cause a vacancy to exist in the offices to which
they were chosen.

Section 7. The mayor shall be elected by and from Mayor to be
the qualified voters of the city at large, voting in their ^^'^^^ * "^**
respective wards or precincts, and shall hold his office for
the municipal year next following his election, and until
his successor is elected and qualified.

Section 8. Three aldermen shall be elected by and ^''^f elected"^"
from the qualified voters of each ward, and shall at the from each ward.
time of their election be residents of the wards respectively
in which they are elected ; they shall hold their offices
for the municipal year next following their election, and
until a majority of the succeeding board is elected and
qualified'.

310

1884. — Chapter 309.

Annual election
on the first
Tuesday of
December.

Election of
mayor, alder-
men and Bchool
committee.

Vacancy in the
office of mayor.

Organization of
the city govern,
ment.

Section 9. On the first Tuesday of December annu-
ally the qualified voters in the several wards shall give in
their votes by ballot for mayor, aldermen and school com-
mittee, in accordance with the provisions of the laws of
the Commonwealth. The clerk of each ward or precinct
within twenty-four hours thereafter shall deliver to the
city clerk a copy of the record of such election, certified
by the warden and clerk and a majority of the inspectors,
who shall forthwith enter the same in the city records ;
the city clerk shall, within fourteen days thereafter, de-
liver to the persons elected meml)ers of the board of alder-
men, certificates of their election : provided, hoioever, that
if the choice of members of the board of aldermen shall
not be effected on that day in any ward, the board of
aldermen shall order a new election to be held in such
ward to fill the vacancy. The board of aldermen shall,
within ten days thereafter, examine the copies of the
records of the several wards or precincts, certified as
aforesaid, and shall cause the persons who shall have been
elected members of the school committee, and the person
vvho shall have been elected mayor to be notified in writ-
ing, respectively, of their election. If it shall appear by
such examination that there is no choice of mayor, or if
the person elected shall refuse to accept the office, war-
rants shall be issued for a new election, and the same pro-
ceedings shall be had in all respects as are herein before
provided for the election of mayor, and from time to time
shall be repeated until a mayor shall be elected and shall
accept said office. In case of the decease, resignation or
absence of the mayor, or of his inability to perform the
duties of his office, it shall be the duty of the board of
aldermen, by vote, to declare that a vacancy exists, and
the cause thereof; and thereupon the president of the
board of aldermen shall be vested with the powers and
authority of the mayor, until the inability ceases or the
vacancy is filled by a new election.

Section 10. On the first Monday of January, at three
o'clock in the afternoon, the mayor and board of aldermen
elect shall meet, when they shall be sworn to the faithful
discharge of the duties of their respective offices. The
oath shall be administered by the city clerk or by any
justice of the peace, and the certificate of such oath having
been taken shall be entered on the journal of the board of
aldermen by its clerk. The board of aldermen shall then

1884. — Chapter 309. 311

be organized by the choice of a president, to hold his
office during the pleasure of the board. In case of the
absence of the mayor elect on the first Monday of January,
or if the mayor shall not then have been elected, the board
of aldermen shall organize itself in the manner herein
before provided ; and the oath of office may, atany time there-
after, in the presence of the board be administered to the
mayor, and to any member of the board who may have
been absent at the organization. The board of aldermen Board of aider-
shall keep a record of its proceedings, and judge of the ?ecord°o^/pro-
election of its own members ; and in case of a vacancy be^/Jdfe'o'fdec-
declared in the board, a warrant shall be issued for an tionofmem-

bers.

election to fill such vacancy. Whenever, under the pro-
visions of this act, the president of the board of aldermen
is vested with the powers and authority of the mayor, and
whenever the president is absent, the board shall choose President^ro
a president J9?'0 tempore. The sessions of the board shall '*'"^'"'^*
be public, except when action is taken upon elections, ap-
pointments or removals.

Section 11. The may(»r shall be the chief executive Mayor to be
officer of the city. He shall preside at the meetings of officer^ ^°"
the mayor and aldermen. He shall cause the laws and
the ordinances, orders and regulations of the city to be
executed and enforced, and shall exercise supervisory and
advisory, but not directory, powers over every depart-
ment of the city administration. He may suspend any
officer, and may suspend any work or payment, whether
under contract or otherwise, for a period not exceeding
ten days ; but in such case he shall report his action,
with his reasons therefor, to the board of aldermen,
which shall take immediate action thereon. He shall To 'jommuni.

cate information

from time to time communicate to the board of aldermen, to board of

I • P .• 1 T 1 I aldermen and

such intormation and recommend such measures as the recommend
interests of the city may in his opinion require. All ™^^*"'^®^-
contracts in behalf of the city shall be signed by him.
He may call special meetings of the board of aldermen by
causing notices to be left at the usual place of residence
of each member thereof. He shall at all times have the
control and direction of the police force, subject only to
the ordinances of the city. His salary shall be fixed by the salary
board of aldermen, but shall not for the first five years,
under this charter, exceed the sum of five hundred dollars
per annum. It shall be payable at stated periods, and
shall not be increased or diminished durins: the vear for

312

1884. — Chapter 309.

Ordinances,
orders, etc., ex-
cept, etc., to be
presented to
mayor for ap-
proval.

Proceedings In
case of return,
with objections.

Mayor may ob-
ject to one or
more subjects
and approve of
others.

Mayor and
aldermen to ex-
ercise the execu-
tive power of
the city.

To appoint con.
stables and
police officers.

which he is elected. He shall receive no other compen-
sation.

Section 12. Every ordinance, order, resolution or
vote of the board of aldermen, except such as relate to the
internal affairs of the board, to the election or removal of
city officers whose election is vested in the board of alder-
men by this act, or to the declaration of a vacancy in the
office of mayor, shall be presented to the mayor. If he
approves thereof, he shall signify his approval by signing
the same. If he does not approve thereof, he may return
the ordinance, order, resolution or vote, with his objec-
tions, in writing, to the board of aldermen, which shall pro-
ceed to reconsider the same ; and if after such reconsidera-
tion, two-thirds of those present and voting, being at least a
majority of the whole board, shall, by a yea and nay vote,
favor the passage of the ordinance, order, resolution, or
vote, notwithstanding such objections, then the same shall
be in force ; and if the ordinance, order, resolution or
vote is not returned by the mayor within ten days after it
has been presented to him, the same shall be in force :
provided, that if any such ordinance, order, resolution or
vote embraces distinct subjects, or distinct items of appro-
priation or expenditure the mayor may approve the pro-
visions relating to one or more of the subjects or items,
and not approve of the other provisions ; in such case,
instead of returning the original, he shall within ten days
after the same is presented to him, return a copy of the
portion not approved, and the same shall be reconsidered
as above provided.

Section 13. The executive power of said city, with
all the powers heretofore vested by special statute in the
selectmen of the town of Waltham, and all the powers of
selectmen of towns, and of a mayor and aldermen of cities
under general laws shall be vested in and exercised by the
mayor and aldermen, except as herein provided. The
mayor and aldermen shall have full and exclusive power
to appoint annually constables, a city marshal or chief of
police, with the powers and duties of a constable, and all
other officers required to be appointed by the ordinances
of the city, or required or authorized to be appointed by
selectmen of towns and the mayor and aldermen of cities
by general laws, any of whom may at any time be removed
by the mayor, with the consent of the aldermen, for
sufficient cause ; they may require any person who may

1884. — Chapter 309. 313

be appointed a constable, city marshal or chief of police
of the city, to give bonds for the faithful discharge of the
duties of the office, with such security and to such an
amount as they may deem reasonable and proper, upon
which bonds the like proceedings and remedies may be
had as are by law provided in case of constables' bonds
taken by selectmen of towns. The compensation of all ^^^^^''^^g^'by
officers appointed by the mayor and aldermen, shall be board of aider-
fixed by vote of the board of aldermen.

Section 14. In all cases in Avhich appointments are Mayor to nomi-

, T , -i 1 1 II nate, and alder-

to be made by the mayor and aldermen, the mayor snail men confirm or
have the exclusive power of nomination, which nomina- ^^^^'^^'
tion shall be subject, hovvever, to confirmation or rejection
by the board of aldermen. If a person so nominated shall
be rejected, the mayor shall make another nomination
within one month from the time of such rejection.

Section 15. The board of aldermen shall have con- Board of aider.

,„,,. ., ,1 I men to have

trol and custody of all city property, with power to let what custody and
may be legally let, and to sell, purchase or hire property, propmy. ''"^
real or personal, in the name and for the use of the city,
whenever the interests orconvenience of the city may in their
judgment require it ; and shall have power to require a bond
with sufficient sureties of any officer elected by the board
of aldermen, or appointed by the mayor and aldermen;
to establish by ordinance such offices as may be necessary Jrdfaauce^such
for any municipal purposes; to elect all officers, required ^f^e^eTs^yf
to be elected by the ordinances of the city, and such
subordinate officers, as may be elected by towns under
general laws for whose election or appointment other pro-
vision is not herein made, define their duties and fix their
compensation ; to act upon all matters in which authority To act upon
is now given to said town of Waltham under any acts to to water supply.
supply said town with water; to lav out, alter, discon- To layout

. I ,-1 If" 1 -11 streets, etc.

tinue, locate anew, hx the grade or, or order speciric re-
pairs in, any highway, street or town way, and to estimate
and assess the damages any person may sustain thereby,
and the powers of the board of aldermen shall be exclusive
therein ; any person sustaining damage to property by
the proceedings of the board of aldermen under this pro-
vision, shall have all the rights and privileges now allowed
in appeals from the decisions of selectmen or the inhabi-
tants of towns ; but there shall be no appeal from a de-
cision not to lay out a way ; to act upon all matters in
which authority is given by general laws relating to streets,

314

1884. — Chapter 309.

Ordinances and
orders of the
board of alder,
men to be exe-
cuted by the ad-
ministrative
boards and oflS-
cers.

Annual appro-
priations.

Appropriation
for a city hall
subject to ratifi-
cation by the
voters.

Orders for ap-
propriation of
money to have
two separate
readings, upon
different days.

No officer to be
interested in
any contract.

sidewalks, drains and sewers, and the taking of land from
which may be taken earth and gravel ; and generally shall
have and exercise all the powers of towns and all the
powers of city councils and board of aldermen under gen-
eral laws, and may, by ordinance prescribe the manner in
which said powers shall be exercised. The ordinances
and orders of the board of aldermen, except such as relate
only to the internal affairs of the board, shall be enforced and
executed by the administrative boards and officers herein
named, and such other boards and officers as the board of
aldermen may, by ordinance or otherwise, establish :
provided^ that no member of the board of aldermen shall,
during the term for which he is elected, be a member of
any board, or hold any office charged with the disburse-
ment of city funds, or have the expenditure of any money
appropriated by the board of aldermen. The board of
aldermen may by its orders and ordinances prescribe the
duties of, and direct and control the administrative boards
and officers in the performance of their duties ; but shall
not, through its committees or otherwise than by such formal
acts, exercise any authority over the administrative officers.
No money shall be expended and no liability of the city
shall be incurred by any board or officer of the city ex-
cept in pursuance of an order of the board of aldermen.
The board of aldermen shall appropriate annually the
amount necessary to meet the expenditures of the city for the
current municipal year ; and such appropriations shall not be
increased except by a vote of two-thirds of all the members
of the board, voting by yeas and nays. The board shall,
as olten as once a year, cause to be published for the use of
the inhabitants a particular account of the receipts and
expenditures, and a statement of city property and of the
city debt. Any appropriation made by the board of al-
dermen for the erection of a city hall, or for land for a
location for such building, shall be subject to ratification
by the legal voters of the city, voting in their respective
wards or precincts at an annual municipal election.

Section 16, Every ordinance, order, resolution or
vote of the board of aldermen involving the appropriation
or expenditure of money, shall, before being put upon its
final passage, have at least two separate readings, and
those readings shall not both occur upon the same day.

Section 17. Neither the mayor, members of the board
of aldermen, members of city boards, or any officer of the

1884. — Chapter 309. 315

city, shall be interested directly or indirectly in any con-
tract or agreement to which the city is a party, nor shall
any such jjerson furnish supplies of any kind to the city
while holdino^ office therein.

Section lb. The board of aldermen shall annually, as Election of city

-,, . , • J • 1 • i I i. i_ clerk, city treas-

soon alter its organization as may be convenient, elect by urer, and a city
ballot, a city clerk, a city treasurer, who shall be the col- ''"^"°'■•
lector of taxes, and a city auditor, who shall hold their
offices for the current municipal year following their
election, and until their respective successors shall be
elected and qualified : provided^ hoicever^ that either of P'o^iso.
the officers named in this section may be removed at any
time by the board of aldermen for sufficient cause. Va-
cancies in the above named offices may be filled by ballot
of the board of aldermen, at any time. The compensation
of the officers named in this section shall be fixed by vote
of the board of aldermen, and the official fees by them
received shall be paid into the city treasury.

Section I'J. The city clerk shall, before entering upon city ci^iktobe
the duties of his office, be sworn to the faithful dischargV-''^""'
thereof. He shall have charge of all journals, records, to ..ave oharKc

11 , o ^^ -J. • \\ i. • J of journals and

papers and documents of the city, sign all warrants issued records.
by the mayor and aldermen, and do such other acts in his
said capacity as the mayor and aldermen and the board of
aldermen may lawfully and reasonably recj[uire of him;
and shall deliver all journals, records, papers and docu-
ments, and other things entrusted to him as city clerk, to
his successor in office. He shall also perform all the
duties and exercise all the powers by law incumbent upon
or vested in clerks of towns of this Commonwealth. He >ooecierkof
shall be clerk of the board of aldermen ; shall attend said LidermJn.°
board when the same is in session, and keep a journal ot
its acts, votes and proceedings. He shall also be clerk of
the mayor and aldermen ; shall attend all the meetings of
the same and keep a journal of their acts, votes and pro-
ceedings. He shall engross all the ordinances passed by
the board of aldermen in a book provided for that purpose,
and shall add proper indexes, which book shall be deemed
a public record of such ordinances ; he shall issue to every
person who is appointed to any office by the mayor and
aldermen, or elected to any office by the board of aldermen,
a certificate of such election or appointment. In case oi ^\\.y cXer^ pro

1 • 1 1 I 1 1 x- t''»>pore.

the temporary absence ot the city clerk, the board ot
aldermen may elect a clerk _pro tempore, with all the

316

1884. — Chapter 309.

Assessors of
taxes to serve
for three years.

Vacancy.

May appoint a
clerk.

Assistant
assessors.

Overseers of the
poor to serve for
three years.

powers, duties and obligations of the city clerk, who shall
be duly qualified.

Section 20. The board of aldermen first elected under
this act shall, as soon after its organization as may be con-
venient, elect by ballot three persons, legal voters of said
city, to be assessors of taxes in said city, to serve one for
three years, one for two years, and one for one year frona
the first Monday of March then next ensuing, and until
their respective successors are elected and qualified ; and
thereafter the board of aldermen shall annually, in the
month of February, elect in the same manner one person,
a legal voter in said city, to serve for the term of three
years from the first Monday of March then next ensuing,
and ut.til his successor shall be elected and qualified. The
persons so elected shall constitute the board of assessors,
and shall exercise the powers and be subject to the duties
and liabilities of assessors in towns. Any vacancy occur-
ring in said board of assessors may be filled by vote of the
board of aldermen at any time, and the member so. elected
shall hold office only for the unexpired term of the member
who has ceased to hold office. All taxes shall be assessed,
apportioned and collected in the manner prescribed by law.
The assessors may appoint a clerk, whose compensation,
and the compensation of the assessors, shall be fixed by
vote of the board of aldermen.

Section 21. The board of aldermen shall have power
by ordinance to create and establish the office of assistant
assessor ; and whenever said office shall have been so estab-
lished the board of aldermen shall annually, in the month
of February, elect by ballot, one legal voter from each
ward to be assistant assessor for one year from the first
Monday of March then next ensuing, and until his suc-
cessor is elected and qualified. Said assistant assessors
shall furnish the assessors with all necessary information
relative to persons or property taxable in their respective
wards ; and they shall be sworn to the faithful performance
of their duty. Any vacancy occurring in the number of
assistant assessors may be filled by ballot of the board of
aldermen at any time. The compensation of the assistant
assessors shall be fixed by vote of the board of aldermen.

Section 22. The board of aldermen first elected under
this act shall, as soon after its organization as may be con-
venient, elect, by ballot, three persons, legal voters of
said city, to constitute a board of overseers of the poor in

1884. — Chapter 309. 317

said city, to serve one for three years, one for two years,
and one for one year from the first Monday ot March then
next ensuing, and until their respective successors are
elected and qualified ; and thereafter the board of alder-
men shall annually, in the month of February, elect in
the same manner one person, a legal voter of said city, to
serve for the term of three years from the first Monday of
March then next ensuing, and until his successor shall be
elected. Said board of overseers shall organize, annually, to organize by
by the choice of a chairman, and a clerk, who may be one man'^and cierk."
of their own number, and who may be removed by the
board ; the compensation of the clerk shall be fixed by the
board of aldermen ; the members of the board shall serve
without compensation.

Section 23. The board of aldermen first elected street comnvu-

1 • r sioners to serve

under this act shall, as soon as may be convenient aiter for three year?.
its organization, elect by ballot three persons, legal voters
of said city, to constitute a board of street commissioners ;
to serve one for three years, one for two years, and one
for one year from the first Monday of March then next
ensuing, and until their respective successors are elected ;
and thereafter the board of aldermen shall, annually, in
the month of February, elect in the same manner one
person, a legal voter of said city, to serve on said board
of commissioners for the term of three years from the first
Monday of March then next ensuing, and until his suc-
cessor shall be elected. Said board of street commis- to appoint a
sioners shall be organized, annually, by the choice of a glfpMimendent.
chairman and a clerk ; and they shall appoint, annually,
but not of their own number, a superintendent, who shall
be under their direction and control ; said clerk and
superintendent may be removed by said board of commis-
sioners at any time. The compensation of the clerk and
superintendent shall be fixed by the board of aldermen ;
the members of the board shall serve without compensa-
tion.

Section 24. The board of aldermen first elected ^o^„*e«toTry;
under this act shall, as soon as may be convenient after for three years,
its organization, elect by ballot three persons, legal voters
of said city, to constitute a board of water commissioners,
to serve one for three years, one for two years, and one
for one year from the first Monday of March then next
ensuing, and until their respective successors are elected ;
and thereafter the board of aldermen shall, annually, in

318

1884. — Chapter 300.

To appoint a
clerk and super
intendent.

Board of health
to serve for
three years.

One member of
the board to be
a physician.

Directors of the
public library.

To appoint a
1 ibrarian.

the month of February, elect in the same manner one
person, a legal voter of said cit}', to serve on said board
of commissioners for the term of three years from the first
Mondav of March then next ensuing, and until his suc-
cessor is elected. Said board of commissioners shall be
organized, annually, by the choice of a chairman; they
shall annually appoint a clerk and a superintendent, but
not of their own number, who shall be under their control
and direction, and may be by them removed. The com-
pensation of the clerk and superintendent shall be fixed by
the board of aldermen ; the members of said board shall
serve without compensation.

Section 25. The board of aldermen first elected
under this act shall, as soon as may be convenient after
its organization, elect by ballot three persons, legal voters
of said city, to constitute a board of health, to serve one
for three years, one for two years, and one for one year
from the first Monday of March then next ensuing, and
until their respective successors are elected ; and there-
after the board of aldermen shall annually, in the month
of February, elect in the same manner, one person, a legal
voter of said city, to serve as a member of said board of
health for the term of three years from the first Monday
of March then next ensuing, and until his successor shall
be elected. Elections shall be so made that one member,
at least, of said board shall be a physician. The members
of the board of health shall serve without compensation. •

Section 26. The board of aldermen first elected
under this act shall, as soon as may be convenient after
its organization, elect by ballot six persons, inhabitants
of said city, to constitute a board of directors of the public
library who shall have the supervision, management and
care of the public library of said city. Said board shall
be elected to serve two for three years, two for two years,
and two for one year from the first Monday of March then
next ensuing, and until their respective successors shall
be elected ; and thereafter the board of aldermen shall,
annually, in the month of February, elect in the same
manner two persons, inhabitants of said city, to serve for
three years from the first Mondaj' of jNIarch then next
ensuing, and until their respective successors are elected.
Said board of directors shall annually appoint, but not of
their own number, one or more librarians, to be under
their direction and control, and may remove such libra-

1884 — Chapter 309. 319

rians. The compensation of such librarians shall be fixed
by the board of aldermen. The members of said board
shall serve without compensation.

Section 27. The board of aldermen first elected Managers of

^ . . . public ceme-

under this act shall, as soon after its organization as may tones.
be convenient, elect by ballot six persons, legal voters of
said city, to constitute a board of managers of the public
cemeteries, to serve two for three years, two for two
years, and two for one year, from the first Monday of
March then next ensuing, and until their respective suc-
cessors shall be elected, and thereafter the board of alder-
men shall annually, in the month of February, elect in the
same manner, two persons, legal voters of said city, to
serve on said board of managers for three years from the
first Monday of March then next ensuing, and until their
respective successors shall be elected. The said board
shall have charge and control of the public cemeteries and
burial places of said city, and shall serve without com-
pensation.

Section 28. Any vacancy occurring in either of the vacancies in
boards established under the provisions of the six preced- mied'at'^ny ''^
ing sections of this act, may be filled by the board of "™®'
aldermen voting by ballot at any time ; and any member
of either of said boards may at any time be removed by
the board of aldermen, for sufficient cause.

Section 29. The board of aldermen shall establish a Pire depart-
fire department for said city, and shall by ordinance de- '^^^^'
termine of what officers and members said department
shall consist, prescribe the time and mode of their appoint-
ment and removal, define their powers, duties and periods
of service, fix their compensation and make such other
regulations regarding their conduct and government as they
deem expedient. The engineers or other officers of the
department, appointed as aforesaid, shall have all the
powers and authority conferred upon fire wards by the
Public Statutes. The board of aldermen of said city may Regulations;

1 ]• 1 1 .• • ii concerning

by ordinance make regulations concerning the manage- managemlntat
ment of the conduct of all persons present at the same, ^'''^*"
the removal and protection of property, the examination
of any building or place where combustible materials or
substances are supposed to be kept or deposited, the
removal of such materials and substances, and the adoption
of other suitable safeguards against fires and the loss or
destruction of property by reason of the same. Said city

320 1884. — Chapter 309.

may procure and hold such land, buildings, furniture,
engines and other apparatus as may be necessary for the
purposes of the fire department ; and the board of alder-
men may by ordinance make regulations regarding the
use, control and preservation thereof.
School commit- SECTION 30. The school Committee shall consist of the

tee to consist or /t» • t • i • i i • c

the mayor eo; mayor, Bx ojjicio^ and umc other persons, inhabitants or
?^abitaSis"'"* said city, who shall be elected at large by the qualified
elected at large, yotcrs of the city, votiug in their respective wards or pre-
cincts by ballot. At the first election under this act
there shall be so elected three persons to serve for the
term of three years, three for the term of two years, and
three for the term of one year, from the first Monday of
January then next ensuing ; and thereafter, at each annual
municipal election , there shall be elected in the same manner,
three persons to serve as members of said committee for
the term of three years from the first Monday of January
Vacancy. thcu uext eusuiug. Any vacancy occurring in said com-

mittee may be filled, for the remainder of the municipal
year, by the joint ballot of the board of aldermen and
school committee, in convention, and for the unexpired
term thereafter shall be filled at the first municipal elec-
tion after such vacanc}' occurs. The members of the
Mayor to be couimittee shall serve without compensation. The mayor
comn^t'tee?* '^'^ shall bc chairman of .said committee. Said committee
shall annually appoint one of their own number to attend
the meetings of the board of aldermen for the purposes
hereinafter mentioned , and said committee shall annually ap-
point asecretary, one of their numberorotherwise, who shall
Superintendent ^^ uodcr their dircctiou and control ; they shall annually

of schools. . /• 1 ■ 1 • 1 i«

appomt, but not or their own number, a superintendent or
the schools. The committee shall fix the salaries of such
secretary and superintendent and may remove them for
suflicient cause. All the rights and obligations of said
town of Waltham in relation to the grant and appropria-
tions of money for the support of schools, and the special
powers and authority heretofore conferred by law upon
the inhabitants of said town to raise money for the sup-
port of schools therein, shall be merged in the powers
and obligations of the city, to be exercised in the same
manner as over other subjects of taxation ; and all grants
and appropriations of money for the support of schools,
and the erection and repair of school-houses in said city,
shall be made by the board of aldermen in the same

1884. — Chapter 309. 321

manner as grants and appropriations are made for other
city purposes.

Section 31. The chairman of the board of overseers The chairman
of the poor, of the board of street commissioners, bonrdsretc, to
of the board of water commissioners, and the member boardof^aide*
of the school committee appointed for that purpose J^I^Jo ^ote?''^
shall, respectively, be entitled to seats with the board
of aldermen, and shall have the right to discuss all
matters relating to their respective departments of city
affairs, but without the right to vote ; they shall be noti-
fied in like manner with members of the board of alder-
men of all special meetings of that board. Every officer
of the city, except the mayor, shall at the request of the
board of aldermen, appear before the board and give such
information as it may require, and answer such questions
as may be asked in relation to any matter, act or thing
connected with his office or the discharge of the duties
thereof.

Section 32. The board of aldermen shall have power Aidermenmay
within said city to make and establish such ordinances and nfn^ie^and'by-
by-laws, not inconsistent with the laws of the Common- '^^s-
wealth, as cities and towns have power by law to make
and establish, such ordinances and by-laws to have force
and effect within such city; and to modify, amend or re-
peal the same, and to annex penalties, not exceeding
twenty dollars, for the breach thereof, all without the
sanction of any court or justice thereof: provided, how- Proviso.
ever, that all laws and regulations in force in the town of
Waltham, shall, until they shall expire by their own limit-
ation, or be revised or repealed by the board of aldermen,
remain in force ; and all fines and forfeitures for the
breach of any by-law or ordinance shall be paid into the
city treasury, and any complaint for any violation thereof
may be made by the mayor, city clerk, city treasurer, city
marshal or chief of police.

Section 33. All elections of national, state, county Elections of na-
and district officers, who are chosen by the people, shall co°unty Md^is-
be held at meetings of citizens qualified to vote in such t"et officers.
elections, in their respective wards or precincts, at the
times prescribed by law ; and such meetings shall be
called by the mayor and aldermen in the same manner as
meetings for municipal elections are called ; the votes
given for such officers shall be received, assorted, counted,
declared and recorded in open ward or precinct meetings.

322 1884. — Chapter 309.

of rerorde to be "^^^ Ward OF preciiict clerks shall forthwith deliver to the
delivered to city city clerk Certified copies of the records so made ; and
all ballots and check lists shall be sealed and transmitted
to the city clerk in the manner provided by the laws of
the Commonwealth. The city clerk shall forthwith record
such returns; and the mayor and aldermen shall, within
the time provided by law, after every such election, ex-
amine and compare all such returns, and copies of the
record of the votes attested by the clerk and certified by
the mayor and majority of the aldermen, and certificates
of the election of representatives signed by the mayor and
a majority of the aldermen shallbe transmitted, delivered
ifaiioftherc'p. and returned as by law required. If the whole number
lVte\ectId^ nlw of representatives to the general court are not elected, the
iTsue*"**** mayor and aldermen shall issue their warrants for a new

election, conformably to the constitution and laws.
Rights, suits, Section 34. The passage of this act shall not afiect

etc., not . . T

affected. any right, accruing or accrued, or any suit, prosecution, or

other legal proceeding pending at the time when this act
shall go into operation, and no penalty or forfeiture pre-
officerBtocon- viously iucurrcd shall be atfected hereby. All persons
ce^s^ors'are*"'' holdiug oflScc iu Said towu at the time this act shall take
quaSed"^ effcct, shall coutlnue to hold the same, notwithstanding
the passage hereof, until the organization of the city gov-
ernment hereby authorized shall be eflfected, and until the
successors of such officers shall be respectively elected
and qualified.
Selectmen to SECTION 35. For the Durpose of organizing the gov-

divide town into , • j j /. '!.• xu •

seven wards. emmcut hereby authorized, and or putting the same in
operation, the selectmen of said town shall, as soon as
may be after the acceptance of this act as herein provided,
divide said town into seven wards, so that they shall con-
tain as nearly as may be consistent with well defined
limits to each ward an equal number of voters, and desig-
nate said wards by numbers ; they shall at least seven
days previous to the first Tuesday of December next after
the acceptance of this act, appoint a ward clerk for each of
the several wards in said city, who shall be a legal voter
in said city, and who shall be sworn to a faithful discharge
of the duties of his office, and shall perform all the duties
of ward clerk required by existing laws, until his successor
First meeting jg appointed and qualified ; said selectmen shall also issue
-cuyofficere." their warrants seven days at least previous to said first
Tuesday of December, calling meetings of the citizens of

1884. — Chapter 309. 323

«ach ward on that day, at such place and hour as they
may deem expedient, for the purpose of choosing a war-
den and inspectors for each ward, and all other officers
whose election is provided for in the preceding sections
of this act ; and the transcripts of the records in each
ward specifying the votes given for the several officers
aforesaid, certified by the warden and clerk of the ward at
said first meeting, shall be returned to the selectmen,
whose duty it shall be to examine and compare the same ;
and in case such elections should not be completed at the
first meeting then to issue new warrants until such elec-
tions shall be completed, and to give notice thereof,
in manner before provided, to the several persons elected.
And at said first meeting a list of voters in each ward, List of voters
prepared and corrected by the selectmen for the time selectmen to be
being, shall be delivered to the clerk of each ward, when cierrofeach
appointed, to be used as herein before provided. After ^^^'^'
the choice of the mayor and -aldermen, or a majority of
the board of aldermen, as aforesaid, the selectmen shall
appoint a place for the first meeting of the mayor and
aldermen, and shall, by written notice left at the place of
residence of the mayor and each member of said board
twenty-four hours at least before said meeting notify them
thereof. And after this first election of city officers, and
this meeting for the organization of the board of aldermen,
according to the provisions of section ten of this act, as
provided for in this section, the day of holding the annual
elections and the day and hour for the meeting of the
mayor and board of afdermen for the purpose of organi-
zation shall remain as provided in the fourth and tenth
sections of this act. It shall be the duty of the mayor and
board of aldermen, immediately after the first organization,
to carry into effect the several provisions of this act.

Section 36. This act shall be void unless the inhabi- subject to ac
tants of said town, at a legal town meeting called for that majority vlte,
purpose, to be held within two years from the passage of this heiVwUhin^two
act, shall, by a majority of the voters present and voting y®^"-
thereon as herein after provided, determine to adopt the
same. At such meeting the votes shall be taken by
written or printed ballots, and the polls shall be kept open
not less than six hours. The selectmen shall preside in
said meeting, and in receiving said ballots shall use the
check lists in the same manner they are used in the elec-
tion of state officers. If, at any meeting called for the

324

1884. — Chapter 310.

O^ap.310

Imitation butter
to be stamped
or marked under
penalty.

Labels to be at-
tached to 8mall
packages.

Inspectors may
enter places
■where butter
and cheese is
stored or kept
for sale.

purpose, this act shall fail to be accepted by a majority Cof
the legal voters of said town, present and voting thereon,
the act shall not be again submitted tor acceptance withiu
four months of the date of such prior meeting. It is how-
ever provided, that a meeting may be called for the pur-
pose of submitting the question of the acceptance of this
act to the legal voters of said town any time after the
passage hereof, provided, further, that no meeting for
this purpose shall be held during the months of November
and December.

Section 37. This act shall take eflfect upon its passage.

Approved June 2, 1884.

An Act in relation to the inspection and sale of mile and

BUTTER.

Be it enacted, etc., as follows:

Section 1. Section seventeen of chapter fifty-six of
the Public Statutes is hereby amended so as to read as
follows : — Whoever, by himself or his agents, sells, ex-
poses for sale, or has in his possession with intent to sell,
any article, substance or compound, made in imitation or
semblance of butter, or as a substitute for butter, and not
made exclusively and wholly of milk or cream, or contain-
ing any fats, oils or grease not produced from milk or
cream, shall have the words " imitation butter" or" oleo-
margarine" stamped, labelled or marked in printed letters
of plain Koman type, not less than one inch in length, so
that said words cannot be easily defaced, upon the top
and side of every tub, firkin, box or package containing
any of said article, substance or compound. And in cases
of retail sales of any of said article, substance or com-
pound, not in the original packages, the seller shall, by
himself or his agents, attach to each package so sold, and
shall deliver therewith to the purchaser, a label or wrapper
bearing in a conspicuous place upon the outside of the pack-
age the words " imitation butter" or " oleomargarine" in
printed letters of plain Roman type, not less than one-
half inch in length.

Section 2. Section twenty of said chapter fifty-six is
hereby amended by adding after the word "complaint"
in the fifth line thereof the words " said inspectors may
enter all places where butter or cheese is stored or kept
for sale, and," and also by adding after the word " pros-
ecutions " in the last line the following words, " who-

1884 — Chapter 311. 325

ever hinders, obstructs, or in any way interferes with
any inspector, or any agent of an inspector, in the per-
formance of his duty, shall be punished by a fine of fifty
dollars for the first ofifence, and of one hundred dollars
for each subsequent offence."

Section 3. Section two of chapter fifty-seven of the J^^^/^Pj"" ^^^
Public Statutes is amended so as to read as follows: — names and
Such inspectors shall keep an oflSce, and shall record in Lsrof^person
books kept for the purpose the names and place of busi- semngmiik.
ness of all persons engaged in the sale of milk within their
city or town. Said inspectors may enter all places where
milk is stored or kept for sale, and all persons engaged in
the sale of milk shall on the request in writing of an in-
spector deliver to the person having the request, a sample
or specimen suflScient for the purpose of analysis of the
milk then in his possession from such can or receptacle as
shall be designated by the inspector or the person bearing
the request. Said inspector shall cause the sample or to cause eam-
specimen of milk so delivered to be analyzed or otherwise be analyzed.
satisfactorily tested, the results of which analysis or test
they shall record and preserve as evidence. The inspec-
tors shall receive such compensation as the mayor and
aldermen or selectmen may determine.

Section 4. Before commencing the analysis of any Portion of sam-
sample the person making the same shall reserve a portion to beVserved
which shall be sealed ; and in case of a complaint against »°<i »«»^^^ '^p-
any person the reserved portion of the sample alleged to
be adulterated shall upon application be delivered to the
defendant or his attorney.

Section 5. Section eight of chapter fifty-seven of the Penalty for ob-

. t3 -111 11. e 1 structing in-

Public Statutes is hereby amended by addmg alter the spector.
word "chapter" in the third line thereof the words ** and
whoever hinders, obstructs, or in any way interferes with
any inspector of milk, or any servant or agent of an in-
spector in the performance of his duty."

Approved June 2, 1884.

An Act to apportion and assess a state tax of two million (7Aa».311

DOLLARS.

Be it enacted, etc., as follows:

Section 1. Each city and town in this Commonwealth statetaxof
shall be assessed, and pay the several sums with which *^'*^ '
they stand respectively charged in the following schedule,
that is to say : —

326

BarnBtable
County.

1884. — Chapter 311.
barnstable county.

Barnstable,
Brewster, .
Chatham, .
Dennis,
Eastham, .
Falmouth, .
Harwich, .
Mashpee, .
Orleans,
Provincetown,
Sandwich, .
Truro,
Wellfleet, .
Yarmouth,

Thirty-seven hundred dollars, . $3,700 00

Thirteen hundred dollars, . . 1,300 00

Nine hundred dollars, ... 900 00

Sixteen hundred and twenty dol-
lars ". . 1,620 00

Two hundred and eighty dollars, . 280 00

Four thousand and eighty dollars, . 4,080 00

Twelve hundred and twenty dol-
lars, 1,220 00

One hundred and twenty dollars, . 120 00

Six hundred and eighty dollars, . 680 00

Twenty-three hundred dollars, . 2,300 00

Twentv-one hundred and twenty

dollars 2,120 00'

Three hundred and twenty dollars, 320 00

Ten hundred and eighty dollars, . 1,080 00

Seventeen hundred and eighty dol-
lars 1,780 00

$21,500 00

Berkshire
County.

BERKSHIRE COUNTY.

Adams,
Alford, .
Becket,
Cheshire, .
Clarksburg,
Dal ton,
Egremont,
Florida,

Thirty-five hundred and sixty dol-
lars, $3,560 00

Three hundred dollars, ... 300 00

Four hundred and sixty dollars, . 460 00

Nine hundred dollars, ... 900 00

Two hundred and forty dollars, . 240 00

Eighteen hundred and twenty dol-
lars, 1,820 00

Five hundred dollars, ... 500 00

One hundred and eighty dollars, . 180 00-

1884. — Chapter 311.

327

BERKSHIRE COUNTY — Concluded.

Berkshire
County.

Great Barrington,
Hancock, .
Hinsdale, .
Lanesborough, .
Lee, .
Lenox,
Monterey, .
Mt. Washington,
New Ashford, .
New Marlboro',
North Adams, .
Otis, .
Peru, .
Pittsfield, .
Richmond,
Sandisfield,
Savoy,
Sheffield, .
Stockbridge,
Tyringham,
Washington,
W. Stockbridge,
Williamstown, .
Windsor, .

Thirty-two hundred and forty do!

lars,

Four hundred and eighty dollars,

Nine hundred dollars,

Six hundred and eighty dollars,

Twenty-three hundred dollars,

Sixteen hundred and twenty dol

lars,
Three hundred dollars,

Eighty dollars.

One hundred dollars,

Eight hundred dollars,

Fifty-six hundred and forty dollars,

Two hundred and eighty dollars.

One hundred and sixty dollars.

Ninety -seven hundred and forty

dollars, ....

Five hundred and forty dollars.

Four hundred and sixty dollars,

Two hundred and forty dollars.

Eleven hundred and sixty dollars,

Three thousand and sixty dollars,

Two hundred and eighty dollars,

Two hundred and forty dollars,

Nine hundred dollars.

Eighteen hundred and eighty dol

lars, ...
Two hundred and sixty dollars.

$3,240 00
480 00

900 00

680 00

2,300 00

1,620 00
300 00

80 00

100 00

800 00

5,640 00

280 00

160 00

9,740 00
540 00

460 00

240 00

1,160 00

3,060 00

280 00

240 00

900 00

1,880 00
260 00

$43,300 00

328

Bristol County.

1884. — Chapter 311.
bristol county.

Acushnet, .
Attleborough,
Berkley, .
Dartmouth,
Dighton, .
Easton,
Fairhaven,
Fall River,
Freetown, .
Mansfield, .
New Bedford,
Norton,
Raynham, .
Rehoboth, .
Somerset, .
Seekonk, .
Swanzey, .
Taunton, .
Westport, .

Seven hundred and sixty dollars, .

Sixty-two hundred and twenty dol-
lars, ......

Five hundred and twenty dollars, .

Twenty-five hundred and foity dol-
lars,

Nine hundred and twenty dollars, .

Foi'ty-five hundred and twenty dol-
lars, ......

Eighteen hundred and sixty dollars.

Forty-eight thousand and forty dol-
lars,

One thousand dollars.

Thirteen hundred and eighty dol
lars,

Thirty-four thousand three hundred
and sixty dollars,

Nine hundred and eighty dollars.

Eleven hundred and sixty dollars,

Eight hundred and eighty dollars.

Thirteen hundred and eighty dol

lars .....
Eight hundred dollars, .

Nine hundred and twenty dollars,

Eighteen thousand nine hundred

and eighty dollars,
Sixteen hundred and twenty dollars.

$760 00

6,220 00
520 00

2,640 00
920 00

4,520 00
1,860 00

48,040 00
1,000 00

1,380 00

34,360 00
980 00

1,160 00

880 00

1,.380 00
800 00

920 00

18,980 00
1,620 00

1128,840 00

Dnkee'County.

DUKES COUNTY.

Chilmark, .

Three hundred dollars, .

$300 00

Cottage City,

Thirteen hundred dollars.

1,300 00

Edgartown,

Nine hundred and eighty dollars, .

980 00

Gay Head,

Twenty dollars, ....

20 00

Gosnold,
Tisbury,

1884. — Chaptek 311.

DUKES COUNTY — Concluded.

Two hundred and twenty dollars,
Eight hundred and twenty dollars,

329

Dukes County.

$220 00
820 00

$3,640 00

ESSEX COUNTY.

Essex County.

Amesbury, . Eighteen hundred and eighty dol-
lars,

Andover, . . Fifty-five hundred and twenty dol-
lars,

Beverly, . . Eleven thousand one hundred and
forty dollars,

Boxford, . . Seven hundred and forty dollars,
i

Bradford, . . Fifteen hundred and sixty dollars,

Dan vers, . . Forty-two hundred and eighty dol-
lars,

Essex, . . Eleven hundred dollars, .

Geoi'getown, . Twelve hundred dollars,

Gloucester, . { Eleven thousand one hundred and

I sixty dollars,
Groveland, . i Ten hundred and forty dollars,

Hamilton, . . Seven hundred and forty dollars,

Haverhill, . . Thirteen thousand five hundred and
sixty dollars,

Ipswich, , . Twenty-three hundred and eighty
dollars,

Lawrence, . . Thirty thousand one hundred dol-
lars,

Lynn, . . Twenty-eight thousand six hundred

I and eighty dollars,

Lynnfield, . . Six hundred and forty dollars,

Manchester, . Forty-one hundred and twenty dol-

! lars, .....
Marblehead, . Forty-six hundred dollars,

Merrimac, . . Thirteen hundred and eighty dol-
lars,

Methuen, . . Thirty-one hundred and sixty dol-
lars, .....

Middleton, . Six hundred dollai's.

$1,880 00

5,520 00

11,140 00

740 00

1,560 00

4,280 00
1,100 00

1,200 00

11,160 00
1,040 00

740 00

13,560 00

2,380 00

30,100 00

28,680 00

640 00

4,120 00
4,600 00

1,380 00

3,160 00
600 00

330

1884. — Chaptek 311.

Essex County. ^

ESSEX COUNTY — Concluded.

Franklin
Oonnty.

Nahant,
Newbury, .
Newburyport,
North Andover
Peabody, .
Rockport, .
Rowley,
Salem,
Salisbury, -
Saugus,
Swampscott,
Topsfield, .
Wenham, .
West Newbury,

Sixty-nine hundred dollars, .
Eleven hundred and eighty dollars,

Ninety-four hundred and forty dol-
lars,

Twenty-nine hundred and foity dol-
lars,

Eight thousand and forty dollars.

Twenty-three hundred and eighty

dollars, ....

Six hundred and forty dollars,

Thirty thousand six hundred and

sixty dollars.
Twenty-five hundred and eighty

dollars, ....

Fifteen hundred and sixty dollars.

Forty-two hundred and eighty dol

lars,

Eight hundred and eighty dollai-s,

Six hundred and twenty dollars,

Thirteen hundred and twenty dol
lars,

$6,900 00
1,180 00

9,440 00

2,940 00
8,040 00

2,380 00
640 00

30,660 00

2,580 00
1,560 00

4,280 00
880 00

620 00

1,320 00

$203,000 00

FRANKLIN COUNTY.

Ashfield, .

Five hundred and forty dollars,

$540 00

Bernardston,

Five hundred and twenty dollars, .

520 00

Buckland, .

Six hundred and forty dollars.

640 00

Charlemont,

Four hundred dollars,

400 00

Colrain,

Seven hundred and sixty dollars, .

760 00

Conway, .

Eight hundred and sixty dollars, .

860 00

Deerfield, .

Fifteen hundred dollars, .

1,500 00

Erving,

Three hundred and eighty dollars,

380 00

Gill, .

Five hundred dollars.

500 00

1884. — Chapter 311.

FRANKLIN COUNTY — Concloded.

331

Franklin
County.

Greenfield,
Hawley, .

Thirty-seven hundred and twenty
dollars, ..••..
Two hundred dollars,

$3,720 00
200 00

Heath,

Two hundred and twenty dollars, .

220 00

Leverett, .

Three hundred and twenty dollars,

320 00

Leyden,

Tavo hundred and forty dollars,

240 00

Monroe,

Forty dollars,

40 00

Montague,
New Salem,

Thirty-two hundred and forty dol-
lars,

Three hundred and eighty dollars,

3,240 00
380 00

Northfield,

Eight hundred and twenty dollars,

820 00

Orange,

Two thousand and sixty dollars, .

2,060 00

Rowe,

Two hundred dollars,

200 00

Shelburne,

One thousand dollars,

1,000 00

Shutesbury,

One hundred and eighty dollars, .

180 00

Sunderland,

Four hundred and eighty dollars, .

480 00

Warwick, .

Three hundred and sixty dollars, .

360 00

Wendell, .

Two hundred and twenty dollars, .

220 00

Whately, .

Five hundred and twenty dollars, .

520 00

$20,300 00

HAMPDEN COUNTY,

Hampden
County.

Agawam, .
Blandford,
Brimfield, .
Chester,
Chicopee, .
Granville, .

Fourteen hundred and eighty dol-
lars,

Four hundred and twenty dollars, .

Six hundred dollars,

Sixty-two hundred and forty dol-
lars,

Four hundred and forty dollars.

1,480 00
420 00

600 00

6,240 00
440 00

332

1884. — Chapter 311.

Hampden
County.

HAMPDEN COUNTY — Concluded.

Hampden, .
Holland, .
Holyoke, .
Longmeadow,
Ludlow,
Monson, .
Montgomeiy,
Palmer,
Russell,
Southwick,
Springfield,
Tolland, .
Wales,
Westfield, .
West Springfield,
Wilbraham,

Five hundred and twenty dollars.

One hundred and forty dollars.

Fifteen thousand six hundred and

sixty dollars.
Thirteen hundred and forty dollars.

Eight hundred and eighty dollars,

Nineteen hundred dollars,

One hundred and sixty dollars.

Twenty - eight hundred and forty

doUai'S,

Five hundred dollars.

Seven hundred dollars, .

Forty-one thousand nine hundred

dollars,

Two hundred and twenty dollars,

Four hundred and forty dollars.

Seventy-two hundred dollars, .

Thirty-seven hundred and twenty

dollars,

Eight hundred and forty dollars.

$520 00

140 00

15,660 00
1,340 00

880 00

1,900 00

160 00

2,840 00
500 00

700 00

41,900 00
220 00

440 00

7,200 00

3,720 00
840 00

5,740 00

Hampshire
County.

HAMPSHIRE COUNTY.

Amherst, .

Belchertown,

Chesterfield,

Cummington,

Easthampton,

Enfield, .

Goshen,

Three thousand and twenty dollars,

Twelve hundred and twenty dol-
lars,

Three hundred and sixty dollars.

Four hundred and twenty dollars,

Twenty-eight hundred dollars.

Eight hundred and sixty dollars.

One hundred and forty dollars,

$3,020 00

1,220 00
360 00

420 00

2,800 00

860 00

140 00

1884. — Chaptek 311.

HAMPSHIRE COUNTY — Concluded.

333

Gran by,

Greenwich,

Hadley,

Hatfield, .

Huntington,

Mddlefield,

Northampton,

Pelham,

Plain field, .

Prescott, .

South Hadley,

Southampton,

Ware,

Westhampton,

Williamsburg,

Worthington,

Five hundred and twenty dollars, .

Three hundred and twenty dollars.

Thirteen hundred and eighty dol-
lars,

Twelve hundred dollars,

Five hundred and eighty dollars.

Three hundred and eighty dollars, ,

Ninety-four hundred and forty dol-
lars,

Two hundred dollars,

Two hundred dollars.

Two hundred and twenty dollars,

Twenty-two hundred and twenty

dollars, ....
Six hundred dollars.

Twenty-six hundred and forty dol-
lars,

Three hundred and twenty dollars.

Eleven hundred and forty dollars,

Three hundred and eighty dollars.

Hampshire

County.

$520 00
320 00

1,380 00
1,200 00

580 00

380 00

9,440 00
200 00

200 00

220 00

2,220 00
600 00

2,640 00
320 00

1,140 00

380 00

$30,560 00

MIDDLESEX COUNTY.

Middlesex
County.

Acton,

Arlington,

Ashby,

Ashland,

Ayer,

Bedford,

Belmont,

Fourteen hundred and eighty dol-
lars,

Fifty-seven hundred and eighty dol-
lars,

Five hundred and eighty dollars, .

Fifteen hundred and eighty dollars.

Twelve hundred and forty dollars, .

Eight hundred and eighty dollars, .

Thirty-five hundred and twenty dol-
lars,

$1,480 00

5,780 00
580 00

1,580 00

1,240 00

880 00

3,520 00

334

1884. — Chapter 311.

Middlesex
County,

MIDDLESEX COUNTY — Continued.

Billerica, .

Boxborough,

Burlington,

Cambridge,

Carlisle,

Chelmsford,

Concord,

Dracut,

Dunstable

Everett,

Framingham,

Groton,

Holliston,

Hopkinton

Hudson,

Lexington,

Lincoln,

Littleton,

Lowell,

Maiden,

Marlborouj

Maynard,

Medford,

Melrose,

Natick,

Newton,

Twenty-one hundi-ed and sixty dol-
lars, . . . . .
Three hundred dollars, .

Five hundred and sixty dollars.

Fifty-nine thousand seven hundred

and eighty dollars,
Four hundred and forty dollars.

Nineteen hundred and forty dollars,

Thirty-eight hundred and sixty dol-
lars,

Thirteen hundred and twenty dol-
lars, ......

Three hundred and sixty dollars, .

Fifty-three hundred dollars, .

Sixty-five hundred and twenty dol-
lars,

Thirty-five hundred and sixty dol-
lars, . ....

Two thousand dollars, .

Twenty-seven hundred dollars.

Twenty-two hundred and sixty dol-
lars,

Twenty-nine hundred dollars,

Fifteen hundred and twenty dollars,

Eight hundred and eighty dollars, .

Fifty-five thousand four hundred

and twenty dollars.
Twelve thousand nine hundred and

twenty dollars, ....
Forty-six hundred and sixty dollars,

Nineteen hundred dollars.

Ninety-three hundred and sixty dol-
lars,

Forty-four hundred and forty dol-
lars,

Fifty-three hundred and twenty dol-
lars, ......

Thirty-two thousand one hundred
and eighty dollars.

$2,160 00
300 00

560 00

59,780 00
440 00

1,940 00

3,860 00

1,320 00
360 00

5,300 00

6,520 00

3,560 00
2,000 00

2,700 00

2,260 00
2,900 00

1,520 00

880 00

55,420 00

12,920 00
4,660 00

1,900 00

9,360 00

4,440 00

5,320 00

32,180 00

1884. — Chapter 311.

335

MIDDLESEX COUNTY — Concluded.

Middlesex
County.

North Reading,

Five hundred and eighty dollars, .

$580 00

Pepperell, .
Reading, .
Sherborn, .

Eighteen hundred and twenty dol-
lai's, ......

Twenty -seven hundred and forty
dollars,

Nine hundred and eighty dollars, .

1,820 00

2,740 00
980 00

Shirley,

Eight hundred and sixty dollars, .

860

Somerville,
Stoneham, .

Twenty-six thousand three hundred

dollars,

Thirty-five hundred dollars, .

26,300
8,500

00
00

Stow, .

Ten hundred and eighty dollars, .

1,080

Sudbury, .

Twelve hundred and twenty dollars,

1,220

Tewksbury,
Townsend,

Thii'teen hundred and twenty dol-
lars,

Thirteen hundred dollars,

1,320
1,300

00
00

Tyngsborough, .

Four hundred and forty dollars,

440

Wakefield, .
Waltham, .
Watertown,

Forty-two hundred and eighty dol-
lars, ......

Eleven thousand two hundred and
eighty dollars, ....

Eighty-nine hundred dollars, .

4,280 00

11,280 00
8,900 00

Wayland, .

Fourteen hundred and forty dollars,

1,440

Westford, .

Thirteen hundred dollars,

1,300

Weston,
Wilmington,

Twenty-four hundred and eighty

dollars,

Six hundred and sixty dollars,

2,480 00
660 00

Winchester,

Forty-four hundred dollai's, .

4,400 00

Woburn, .

Ninety-six hundred dollars, .

9,600

$326,100 00

•Nantucket,

NANTUCKET COUNTY.

Nantucket
County.

Three thousand and sixty dollars,

$3,060 00

336

Norfolk County.

1884. — Chapter 311.
norfolk county.

Bellingham,
Braintree, .
Brookline, .
Canton,
Cohasset, .
Dedham, .
Dover,
Foxboi-ough,
Franklin, .
Holbrook, .
Hyde Park,
Medfield, .
Medway, .
Milton,
Needham, .
Norfolk,
Norwood, .
Quincy, .
Randolph, .
Sharon,
Stoughton,
Walpole, .
Wellesley, .
Weymouth,
Wrentham,

Six hundred and eighty dollars,

Thirty-seven hundred and twenty

dollars, ....

Thirty-one thousand two hundred

and sixty dollars,
Thirty-seven hundred and eighty

dollars, ....

Thirty-six hundred and twenty doL

lars, . .
Sixty-five hundred and twenty dol

lars,

Five hundred and foi'ty dollars.

Seventeen hundred and eighty dol
lars,

Twenty-one hundred and eighty
dollars, ....

Seventeen hundred dollars, .

Fifty-four hundred and twenty dol-
lars,

Thirteen hundred and sixty dollars,

Nineteen hundred and eighty dol-
lars,

Thirteen thousand one hundred and
eighty dollars, ....

Two thousand and twenty dollars,

Four hundred and sixty dollars.

Twenty-two hundred and twenty

dollars,

Nine thousand dollars, .

Twenty-nine hundred dollars.

Thirteen hundred dollars.

Twenty-six hundred dollars, .

Sixteen hundred and forty dollars.

Thirty-eight hundred and eighty
dollaf-s,

Seventy-three hundred and twenty
dollars,

Fifteen hundred and forty dollars, .

$680 00

3,720 00

31,260 00

3.780 00

3,620 00

6,520 00
540 00

1,780 00

2,180 00
1,700 00

5,420 00
1,360 00

1,980 00

13,180 00
2,020 00

460 00

2,220 00
9,000 00

2,900 00

1,300 00

2,600 00

1,640 00

3,880 00

7,320 00
1,540 00

$112,600 00

1884. — Chapter 311.

337

PLYMOUTH COUNTY.

Plymouth
County.

Abington, .

Bridgewater,

Brockton, .

Carver,

Duxbury, .

E. Bridgewater,

Halifax,

Hanover, .

Hanson,

Hingham, .

Hull, .

Kingston, .

Lakeville, .

Marion,

Marshfield,

Mattapoisett,

Middleborough

Pembroke,

Plymouth,

Plympton,

Rochester,

Rockland,

Scituate,

South Abington

South Scituate,

Wareham, .

W. Bridgewater,

Twenty-two hundred and twenty
dollars, . , . . .

Twentj'-seven hundred and sixty
dollars, ....

Ten thousand four hundred dollars

Six hundred and eighty dollars,

Fourteen hundred and eighty dol-
lars,

Eighteen hundred and sixty dollai'S

Three hundred dollars, .

Fourteen hundred and twenty dol-
lars, ... .
Six hundred and eighty dollars.

Forty-two hundred and forty dol-
lars,

Sixteen hundred and sixty dollars

Twenty-two hundred and twenty

dollars, ....

Five hundred and eighty dollars,

Nine hundred and sixty dollars,

Thirteen hundred dollars,

Fifteen hundred and eighty dollars

Thirty-four hundred and eighty dol-
lars, .....
Eight hundred dollars, .

Fifty-six hundred and twenty dol-
lars,

Three hundred and sixty dollars,

Five hundred and sixty dollars,

Twenty-six hundred and eighty dol-

lai's,

Fifteen hundred and sixty dollars,

Twenty-six hundred dollars, .

Thirteen hundred and forty dollars

Fourteen hundred and forty dollars

Eleven hundred and twenty dollars

$2,220 00

2,760 00

10,400 00

680 00

1,480 00
1,860 00

300 00

1,420 00
680 00

4,240 00
1,660 00

2,220 00
580 00

960 00

1,300 00

1,580 00

3,480 00
800 00

5,620 00
360 00

560 00

2,680 00

1,560 00

2,600 00

1,340 00

1,440 00

1,120 00

$55,900 00

338

Suffolk County.

1884. — Chapter 311.
suffolk county.

Boston,

Seven hundred and seventy thou-
sand seven hundred and forty

dollars,

$770,740 00

Chelsea, .

Nineteen thousand two hundred

and sixty dollars.

19,260 00

Revere,

Twenty-eight hundi'ed and eighty

dollars,

2,880 00

Wintbrop, .

Eighteen hundred and forty dollars,

1,840 00

$794,720 CO

Worcester
County.

WORCESTER COUNTY.

Ashburnham,

Athol,

Auburn,

Barre,

Berlin,

Blackstone

Bolton,

Boylston,

Brookfield,

Charlton,

Clinton,

Dana,

Douglas,

Dudley,

Fitchburg,

Gardner,

Grafton,

Eleven hundred and forty dollars

Twenty-eight hundred dollars,

Five hundred and eighty dollars,

Seventeen hundred and sixty dol

lars,

Five hundred and eighty dollars.

Twenty-four hundred and sixty dol

lars, .....
Six hundred dollars,

Five hundred and eighty dollars.

Fifteen hundred and forty dollars,

Twelve hundred and forty dollars

Fifty-nine hundred dollars.

Three hundred and twenty dollars

Twelve hundred and forty dollars

Eleven hundred and twenty dollars

Twelve thousand seven hundred

and twenty dollars.
Thirty-two hundred and twenty dol

lars,

Twenty -four hundred and eighty

dollars,

$1,140 00

2,800 00

580 00

1,700 00
680 00

2,460 00
600 00

580 00
1,540 00
1,240 00
5,900 00

320 00
1,240 00
1,120 00

12,720 00
3,220 00
2,480 00

1884 — Chapter 311.

WORCESTER COUNTY — Continued.

339

Worcester
County.

Hardwick, .
Harvard, .
Holden,

Hubbardston, .
Lancaster, .
Leicester, .
Leominster,
Lunenburg,
Mendon, .
Milford, .
Millbury, .
New Braintree, .
Northborough, .
Northbridge,
North Brookfield,
Oakham, .
Oxford, .
Paxton,
Petersham,
Phillipston,
Princeton, .
Royalston, .
Rutland, .
Shrewsbuiy,
Southborough, .
Southbridge,

Thirteen hundred and eighty dol

lars,

Eleven hundred dollars, .

Twelve hundred dollars.

Nine hundred dollars.

Three thousand dollars, .

Twenty-one hundred dollars, .

Forty-five hundred and sixty dol-
lars,

Eight hundi'ed and forty dollars.

Seven hundred and twenty dollars.

Sixty -three hundred and twenty
dollars,

Twenty-five hundred and twenty
dollars,

Five hundred and forty dollars.

Thirteen hundred and twenty dol-
lars,

Thirty-one hundred and twenty dol-
lars,

Twenty-three hundred dollars.

Four hundred and twenty dollars, ,

Sixteen hundred and sixty dollars.

Three hundred and twenty dollars,

Seven hundred and twenty dollars.

Three hundred and forty dollars.

Ten hundred and twenty dollars.

Nine hundred and forty dollars.

Five hundred and sixty dollars,

Twelve hundred dollars.

Fifteen hundred and eighty dollars.

Thirty-seven hundred and sixty dol-
lars,

$1,380 00
1,100 00

1,200 00

900 00

3,000 00

2,100 00

4,560 00
8-iO 00

720 00

6,320 00

2,520 00
540 00

1,320 00

3,120 00
2,300 00

420 00

1,660 00

320 00

720 00

340 00

1,020 00

940 00

560 00

1,200 00

1,580 00

3,760 00

340

"Worcester
County.

1884. — Chapter 311.

WORCESTER COUNTY — Concluded.

Spencer, .
Sterling, .

Forty-one hundred and twenty dol-
lars,

Ten hundred and eighty dollars, .

$4,120 00
1,080 00

Stui-bridge,

Twelve hundred and forty dollars.

1,240 00

Sutton,

Sixteen hundred dollars, .

1,600 00

Templeton,

Fourteen hundred and sixty dollars,

1,460 00

Upton,

One thousand dollars,

1,000 00

Uxbridge, .
Warren, .

Twenty-four hundred and twenty

dollars

Twentj'-five hundred and eighty

2,420 00

Webster, .

dollars,

Twenty -eight hundred and sixty

2,580 00

Westborough, .
West Boylston, .

dollars,

Thirty -one hundred and twenty

dollars,

Thirteen hundred and eighty dol-

2,860 00
3,120 00

West Brookfield,

lars,

Ten hundred and twenty dollars, .

1,380 00
1,020 00

Westminster, .

Nine hundred and sixty dollars, .

960 00

Winehendon,

Twenty-two hundred and sixty dol-

Woi-cester,

lars,

Fifty -five thousand nine hundred

2,260 00

and twenty dollars.

55,920 00

$167,740 00

Recapitulation
by counties.

RECAPITULATION.

Barnstable Co., .

Twenty-one thousand five hundred

dollars,

$21,500 00

Berkshire Co., .

Forty-three thousand three hundred

dollars

43,300 00

Bristol Co.,

One hundred and twenty-eight thou-
sand eight hundred and forty dol-

lars,

128,840 00

Dukes Co.,

Three thousand six hundred and

forty dollars, ....

3,640 00

Essex Co., .

Two hundred and three thousand

dollars,

203,000 00

Franklin Co., .

Twenty thousand three hundred

dollars,

20,300 00

Hampden Co., .

Eighty-eight thousand seven hun-

dred and forty dollars, .

88,740 00

1884 — Chapter 311.

341

RECAPIT[JLATION — Concluded.

Recapitulation
by counties.

Hampshire Co.,
Middlesex Co.,
Nantucket Co.,
Norfolk Co.,
Plymouth Co.,
Suffolk Co.,

Worcester Co.,

Thirty thousand five hundred and
sixty dollars, ....

Three hundred and twenty - six
thousand one hundred dollars, .

Three thousand and sixty dollars, .

One hundred and twelve thousand
six hundred dollars,

Fifty-five thousand nine hundred
dollars,

Seven hundred and ninety -four
thousand seven hundred and
twenty dollars, ....

One hundred and sixty-seven thou-
sand seven hundred and forty
dollars,

$30,560 00

326,100 00
3,060 00

112,600 00
55,900 00

794,720 00

167,740 00

$2,000,000 00

Section 2. The treasurer of the Commonwealth shall
forthwith send his warrant, directed to the selectmen or
assessors of each city or town taxed as aforesaid, requir-
ing them respectively to assess the sum so charged,
according to the provisions of chapter eleven of the Public
Statutes, and to add the amount of such tax to the amount
of town and county taxes to be assessed by them respec-
tively on each city and town.

Section 3. The treasurer of the Commonwealth in
his warrant shall require the said selectmen or assessors
to pay, or to issue severally their warrant or warrants,
requiring the treasurers of their several cities or towns to
pay, to the treasurer of the Commonwealth, on or before
the tenth day of December in the year eighteen hundred
and eighty-four, the sums set against said cities and
towns in the schedule aforesaid ; and the selectmen or
assessors respectively shall return a certificate of the names
of the treasurers of their several cities and towns, with
the sum which each may be required to collect, to the
treasurer of the Commonwealth at some time before the
first day of October in the year eighteen hundred and
eighty-four.

Section 4. If the amount due from any city or town,
as provided in this act, is not paid to the treasurer of the
Commonwealth within the time specified, then the said

Treasurer of
the Common-
wealth to issue
warrants.

To require
selectmen or as-
sessors to issue
warrants to city
or town treas-
urers.

To-notify treas-
urers of delin-
quent cities and
towns.

342 1884 — Chapters 312, 313.

treasurer shall notify the treasurer of such delinquent city
or town, who shall pay into the treasury of the Common-
wealth, in addition to the tax, such further sum as would
be equal to one per centum per month during such delin-
quenc}', from and after the tenth day of December in the
year eighteen hundred and eighty-four ; and if the same
remains unpaid after the first day of January in the year
eighteen hundred and eighty-five, an information may be
filed by the treasurer of the Commonwealth in the supreme
judicial court, or before any justice thereof, against such
Warrant of delinquent city or town; and upon notice to such city or

dietresamay ■ i u • *1 t c J'

issue. town, and a summary hearing thereon, a warrant of dis-

tress may issue against such city or town, to enforce the
payment of said taxes under such penalties as said court
or the justice thereof before whom the hearing is had shall
order.

Section 5. This act shall take effect upon its passage.

Approved June 2, 18S4.

Ch(ip.S1.2i ■'^N Act authorizing the transfer of a certain map fkom the

STATE LIBRARY TO THE UNITED STATES COAST AND GEODETIC
SURVEY.

Be it enacted, etc., as follows:
Transfer of a The librarian of the state library is hereby authorized to

map from the . <» i tt • "i o

state library to trausfcr to thc Superintendent oi the United otates coast
8tates"co'a8t and geodctic survey a certain map, now in the state
survey. library, known and designated as a " map of the route of

the proposed Cape Cod ship canal," prepared by W. H.
Dennis of the United States coast survey in the year eight-
een hundred and sixty, — whenever a certified copy of
the same shall be deposited in said library by the said
superintendent above named.

Approved June 2, 1884.

CAa».313 -^^ -^^^ CONCERNING CONDITIONAL SALES OF FURNITURE OR OTHER

HOUSEHOLD EFFECTS.

Be it enacted, etc., as follows:

2oef*ff"rn- SECTION 1. All contracts for the sale of furniture or

tare. othcr houschold etfects made on condition that the title

to the property sold shall not pass until the price is paid
in full, whether such contract be in the form of a lease or
otherwise, shall be in writing, and a copy thereof shall be
furnished the vendee by the vendor at the time of such sale ;

1884. — Chapteh 314. 343

and all payments made by or in behalf of the vendee, and
all charjjes whether in the nature of interest or otherwise
as they accrue, shall be endorsed by the vendor or his
agent upon such copy if the vendee so requests. If the
vendor fails to comply with any of the provisions of this
section throuo^h neo;liorence, his rights under such contract
shall be suspended while such default continues ; and if
he refuses, or wilfully or fraudulently fails to comply
with any of such provisions he shall be deemed to have
waived the condition of such sale.

Section 2. The vendor upon taking possession of y*?"'^'""^"'""'"-

. , ^ I o 1 _ nir'li vendee

such iurniture or effects for non-compliance with the terms with an itemized
of such contract of sale, shall furnish the vendee or other taking possee"
person in charge of such furniture or effects an itemized tu*r'e.° ^"™
statement of the account showing the amount then
due thereon ; and the fifteen days provided by section
thirteen of chapter one hundred and ninety-two of the
Public Statutes during which the vendee shall have the
right to redeem the furniture or household efiects so taken
shall not begin to run until such statement is furnished,
provided the vendee or other person in charge can be
found by the vendor by the exercise of reasonable care
and diligence. Approved June 2, 1884.

An Act to provide for the further improvement of the com- C/iaw.Sli

monwealth's flats at south boston.
Be it enacted, etc., as follows. •

Section 1. For the purpose of enforcing and execut- improvement of
ing the provisions and requirements of existing laws relat- Boston. °"'
ing to the Commonwealth's flats at South Boston and for
the payment of money which may be needed to carry out
the provisions of chapter two hundred and thirty-nine of
the acts of the year eighteen hundred and seventy-five, the
sum of five hundred thousand dollars is hereby appropri-
ated from the Commonwealth's flats improvement fund,
established by chapter two hundred and thirty-seven of
the acts of the year eighteen hundred and seventy-eight.

Section 2. In order to increase the amount of moneys Money to be
in the said improvement fund available for the pui-poses provement"fund
aforesaid, and in anticipation of receipts from the sales or mentronhi's''^''
use of the Common ueallh's said lands at South Boston, a^t.
the treasurer of the Commonwealth shall from time to time
pay from the treasury into the Commonwealth's flats im-
provement fund, such sums as may be required under thia

344 1884. — Chapters 315, 316.

act ; but the amount so paid before the first day of July
in the year eighteen hundred and eighty-five shall not ex-
ceed two hundred thousand dollars.
^nkingor°tru8t SECTION 3. The treasurer may also, with the approval
fund. of the governor and council, transfer the agreement of the

New York and New England Eailroad Company for the
payment of one hundred thousand dollars on or before the
first day of May in the year eighteen hundred and ninety-
two, with interest at the rate of five per centum per annum,
payable semi-annually, which agreement now constitutes
a part of the said improvement fund, to any sinking or
trust fund of the Commonwealth, at the face value thereof
and interest, if any, accrued at the date of such transfer.
Section 4. This act shall take effect upon its passage.

Approved June 2, 1884.

C7l up. 315 ^^ -^^'^ PROVIDING ADDITIONAL APPROPRIATIONS FOR SALARIES AND
EXPENSKS AT THE STATE REFORM SCHOOL FOR BOYS.

Be it enacted etc., as follows:
Appropriations. The snms hereinafter mentioned are appropriated, to be

paid out of the treasury of the Commonwealth, for the
state reform purposcs spccificd herein, to wit: — For the payment of
school, salaries, gj^j.jj.jgg ^^ ^j^g statc rcform school at Westborongh, for

the term of six months ending on the thirty-first tlay of
December in the year eighteen and eighty-four, a sum
not exceeding seven thousand dollars, to be in addition to
the eight thousand dollars appropriated by chapter fifty-
one of the acts of the present year.
Expenses. For the payment of other expenses at the state reform

school at Wesiborough, a sum not exceeding ten thousand
dollars for the six months ending on the thirty-first day of
December in the year eighteen hundred and eighty-four,
being in addition to the ten thousand dollars appropriated
by chapter fifty-one of the acts of the present year ; and
if the said school shall be established in any other locality
this appropriation is hereby made applicable for the pay-
ment of expenses of the school so established.

A2:)proved Jane 5, 1884.

(7/<rt».316 ■'^^ ^^^ RELATING TO SERVICE OF PROCESS IN PROCEEDINGS IN EQUITY.

Be it enacted, etc., as follows:
Suits in equity Scctiou fivc of chaptcr two huudrcd twenty-three of the

to Dti cntGrGQ

upon same acts of the year eighteen hundi'ed eighty-three, is amend-
cases! ^^° ^^ ed so as to read as follows: — Such suits shfcll be entered

1884 — Chapters 317, 318. 345

upon the same docket as other cases in the superior court. Return of
All process shall be made returnable at the term next ^^°'^^^^'
after fourteen days from the service of the process, if
required to be served fourteen days before the return day,
or at the term next after thirty days from such service, if
required to be served thirty days before the return day,
or at any rule day within three months after the service of
the process. Approved June 2, 1884.

An Act relative to fishing in the meukimack uiveu. (Jliaj) 317

J5e it enacted,, etc.,, asfolloivs:

Section 1. Section one of chapter one hundred and F'Bheriesia

/» 1 /> 1 • 1 1111 MerntnacK

sixty-six oi the acts of the year eijjhteen hundred and Kiver.

•^ O P ^ Ql 1882

eighty-two is hereby amended by inserting after the loe, §'i.'
word " seine " and before the word " after " in the fourth
line thereof, the following words " with a mesh not less
than two and a quarter inches."

Section 2. This act shall take effect upon its passage.

Approved June 3, 1884.

An Act to puevent the use of nets in ponds. (77ltt7?.318

Be it enacted,, etc, as follows :

Section 1. Whoever draws, sets, stretches or uses a use of nets in
drag net, set net, purse net or seine in any pond in the rted'unde"r
Commonwealth, or aids in so doing, shall be punished by P^^'^'^y-
a fine of not less than twent3% nor more than fifty dollars,
one half of which shall be paid to the person making the
.complaint, and the other half to the county within which
the offence was committed, and in addition shall forfeit to
the Commonwealth all fish taken by the above means and
the seines, boat and other apparatus used.

Section 2. Trial justices, pcjiice and district courts jurisdiction of
shall have jurisdiction to enforce the penalties provided in '^°"'''^"
section one of this act.

Section 3. This act shall not be construed to interfere Not to interfere
with the lights of lessees of great ponds in the counties of Tenaingrelt"
Barnstable, Dukes County and NantucJiet, into which the p""*^*"
usual varieties of salt water fish are or may be admitted
by natural or artificial inlets and which under existing
leases have been seined or which may be leased with per-
mission to seine the same, nor the riparian proprietors of
ponds mentioned in section teli of chapter ninety-one of
the Public Statutes, nor with the corporate rights of any
fishing company. Approved June 3, 1884.

346

3884. — Chapters 319, 320.

Compensation
of members of
the legislature.

Repeal.

(7Aar>.319 An Act providing for the compensation of members of the

LEGISLATURE.

Be it enacted, etc., as follows:

Section 1. Each member of the senate and house of
representatives shall receive six hundred and fifty dollars
for the regular annual session for which he is elected, and
one dollar for every five miles' travel from his place of
abode, once in each session, to the place of the sitting of
the general court ; and the president of the senate and the
speaker of the house shall receive double the compensation
provided for members, except for travel.

Section 2. Section fifteen of chapter two of the Public
Statutes is repealed.

Section 3. This act shall take effect upon its passage.

[T/iis bill, returned by the Governor to the Hoxise of lifpresen-
tatives in which it originated, loith his objections thereto, ivas passed
in concurrence by the House of Representatives and the Senate, the
objections of the Governor notwithstanding, on the third day of
June, 1884, in the manner jJrescribed by the Constitution, and
thereby had the ^^ force of a law."2

QJiaj). 320 ^^ ^^^ ^^ IMPROVE THE CIVIL SERVICE OF THE COMMONWEALTH

AND THE CITIES THEREOF.

Be it enacted, etc., as follows:

Section 1. The governor shall with the advice and
consent of the council appoint three persons to be civil
service commissioners, who shall serve, one until the
expiration of three years, one until the expiration of two
years, and one until the expiration of one year, from the
first day of July in the year eighteen hundred and eighty-
four, and until their respective successors are appointed and
qualified ; and in the year eighteen hundred and eighty-five
and in every year thereafter, the governor shall, in May or
June, in like manner appoint one person to serve as such
commissioner for three years from the first Monday in the
July then next ensuing, and until his successor is appointed
and qualified. Any vacancy in the office of commi.'-sioner
shall be filled for the unexpired term by appointment as
above provided. All appointments, both original and to
fill vacancies, shall be so made that not more than two
commissioners shall, at the time of any appointment, be
members of the same political party. The governor may
also, with the advice and consent of the council, remove
any commissioner. Each commissioner shall be paid five

Civi) service
commissioners
to be appointed.

Not more than
two commis-
sioners to be of
same political
party.

1884. — Chapter 320. 347

dollars for each day's service, and his travelling and other
necessary expenses in the discharge of his official duty.

Section 2. The said commissioners shall prepare rules commisBioners
not inconsistent with existing laws or with the provisions t° p'""?^'"® •""««•
of this act, and adapted to carry out the purposes thereof,
for the selection of persons to till offices in the government
of the Commonwealth and of the several cities thereof,
which are required to be filled by appointment, and for
the selection of persons to be employed as laborers or
otherwise in the service of the Commonwealth and of the
several cities thereof. All rules so prepared shall be Rules subject to
subject to the approval of the governor and council, and govenloV and ^
they may, with like approval, be from time to time altered council.
or rescinded. The said commissioners shall supervise the
administration of the rules so established ; they shall fr(»m
time to time suggest to the general court such legislation
as may seem to them to be desirable for the efficient carry-
ing out of the principles of this act, and for the improvement
of the civil service; and they shall, on or before the tenth Annual report
day of January in every year, report to the general court coun.^^"^*^*
their doings during the preceding year, including any rules
adopted under the provisions of this section.

Section 3. No person habitually using intoxicating vendor of liqnor
beverages to excess, shall be appointed to, or retained in 8ame'to°exrjr8^
any office, appointment or employment to which the pro- p°lnt°dor?e.
visions of this act are applicable ; nor shall any vendor of t''*"^'!-
intoxicating liquor be so appointed or retained.

Section 4. No person shall be appointed to or employed ^^/^'^^Xa-ence
in any office to which the provisions of this act are applicable n^iinst laws of
within one year after his conviction of any offence against
the laws of this Commonwealth ; and if any person holding
such an appointment or in any such employment shall be
convicted of the violation of any such law, he shall be
immediately discharged from such appointment or employ-
ment.

Section 5. No recommendation of any person who Recommenda-
shall ajiply for office or place under the provisions of this
act, which may be given by any senator, member of the
house of representatives, alderman or councilman, except
as to the character or residence of the applicant, shall be
received or considered by any person concerned in making
any appointment under this act.

Section 6. No councillor, senator, representative, ^.ncucontribu-
alderman or councilman, or any officer or employee of t'""" fur poiiu

' *' I. %i ,(.^1 purposes.

348 1884. — Chapter 320.

either of said bodies, and uo executive or judicial officer
of the state, and no clerk or employee of any department
or branch of the government of the state, and no executive
officer, clerk or employee of any department of any city
government shall personally directly or indirectly, solicit
or receive, or be in any manner concerned in soliciting or
receiving, any assessment, subscription or contribution
for any political purpose whatever ; but this shall not be
construed to forbid such persons to be members of political
organizations or committees.
tobe'mad"in"°' SECTION 7. No pcrsou shall, in any room or building
buildings used occupied for the discharge of official duties by any officer

for official 1 O _ „ "^ , . .•' .

duties. or employee or the state or any city thereoi, solicit in any

manner whatever, or receive, any contribution of money
or any other thing of value for any political purpose
whatever.

Officer not to be Section 8. No officcr or cmployce of the state, or

ancctcu oy re- i */ '

fusai to contiib. any city thereof, shall discharge, or promote, or degrade,
or in any manner change the official rank or compensation
of any other officer or employee, or promise or threaten to
do so, for giving or withholding or neglecting to make any
contribution of money or other valuable thing for any
political purpose.

No officer to SECTION 9. No officcr, clerk or other person in the

give money to , ' /« i t

another officer scrvicc of tho statc or auy city thereof shall, directly or

for any political . ,. ., . u i i ai az i I

object. indirectly, give or hand over to any other officer, clerk or

person in said service, or to any councillor, senator, mem-
ber of the house of representatives, alderman, councilman,
or commissioner, any money or other valuable thing on
account of or to be applied to the promotion of any politi-
cal object whatever.

Political action SECTION 10. No pcrsou iu the scrvicc of the state or

erced. ' any city thereof, shall use his official authority or influence
either to coerce the political action of any person or body
or to interfere with any election.

Pubiicofficers SECTION 11. No pei'sou iu the public service shall for

not obliged to 1 it.

contribute to that Tcason be under any obligation to contribute to any
poitica un . p^jij^jg.^i fm5(j^ or to rcuder any political service, and shall

not be removed or otherwise prejudiced for refusing to do

so.
Corniptmeth- SECTION 12. No pcrsou whilc holding any public

ods of procuring _, . • .• /? i -i i • • i'

nominations, oftcc or in nomination tor, or while seeking a nomination
or appointment for any office, shall corruptly use, or
promise to use, either directly or indirectly, any official

1884. — Chapter 320. 349

authority or influence (whether then possessed or merely
anticipated), in the way of conferring upon any person,
or in order to secure or aid any person in securing any
office or public employment, or any nomination, contirma-
. tion, promotion or increase of salary, upon the considera-
tion or condition that the vote or political influence or
action of the last named person, or any other, shall be
given or used in behalf of any candidate, officer or party,
or upon any other corrupt condition or consideration.

Section 13. No city in the Commonwealth shall pay wines, etc., fur-
any bill incurred by any official or officials thereof for ciais not to be
v.'ines, liquors or cigars ; nor shall any city ])ay any bill for ^'^"^ ""^ ^^ '^'*^'
refreshments furnished to any official of said city where
the amount for any one day shall exceed one dollar for
each member of the government of said city who certifies
over his own signature to the correctness of the bill.

Section 14. The rules mentioned in section two may General rules.
be made from time to time, and may be given a gen-
eral or a limited application, and they shall, among other
things, provide : —

First, For the classification of the offices and employ-
ments to be filled.

Second, For open competitive and other examinations by
which to test applicants for office, or for employment, as
to their practical fitness to discharge the duties of the
positions which they desire to fill.

Third, For the filling of vacancies in offices in accord-
ance with the results of such examinations and for the
selection of persons for public employment in accordance
with such results, or by order of application, or otherwise,
as may seem most desirable to carry out the provisions
of this act.

FourtJi, For promotions in office on the basis of ascer-
tained merit and seniority in service and examination as
may seem desirable. (In all cases where it is practicable
vacancies shall be filled by promotion.)

Fifth, For a period of probation before an appointment
or employment is made permanent.

Sixth, For giving preference in appointments to office
and promotions in office (other qualifications being equal)
to applicants who served in the army or navy of the
United States in time of war and have been honorable dis-
charged therefrom.

Section 15. Elective or judicial officers and officers officers not

affected.

350

1884. — Chapter 320.

No examination
concerning
political or
religious opin-
ione.

Examinations
to be of a prac-
tical character.

Statements to
be made by ap-
plicants for ex-
amination.

Person in pnblic
service not to
obstruct any one
in recpect of
right of exami-
nation.

whose appointment is subject to confirmation by the ex-
ecutive council, a city council or a school committee,
heads of any principal department in a city, officers for
the faithful discharge of whose duties a superior officer is
required to give bond, teachers of the public schools, the
pj'ivate secretary of the governor or of the mayor of any
city shall not be affected, as to their election or selection,
by any rules made as aforesaid ; but such rules shall apply
to members of the police and fire departments other than
police and fire commissioners, chief superintendents and
marshals of police departments, and chief engineers of
fire departments.

Section 16. No question in any examination under
the rules established as aforesaid shall relate to political
or religious opinions or affiliations, and no appointment or
selection to an office or for employment within the scope
of the rules established as aforesaid, shall be in any man-
ner affected or influenced by such opinions or affiliations.
Such examinations shall be practical in their character,
and so far as may be shall relate to those matters which
will fairly test the relative capacity and fitness of the per-
sons examined, to discharge the duties of the service into
which they seek to be appointed. The examination of
applicants for employment as laborers shall relate to their
capacity for labor, their habits as to industry and sobriety,
and the necessities of themselves and their families.

Section 17. Every application, in order to entitle the
applicant to appear for examination or to be examined,
must state the facts on the following subjects: 1. Full
name, residence, and post office address. 2. Citizenship.
3. Age. 4. Place of birth. 5. Health and physical capac-
ity for the public service. 6. Right of preference by
reason of military or naval service. 7. Previous employ-
ment in the public service. 8. Business or employment
and residence for the previous five years. 9. Education.
Such other information shall be furnished as may reason-
ably be required touching the applicant's fitness for the
public service.

Section 18. No person in the public service shall
wilfully and corruptly, by himself or in cooperation with
one or more other persons, defeat, deceive or obstruct
any person in respect of his or her right of examination ;
or wilfully, corruptly or falsely mark, grade, estimate or
report upon the examination or proper standing of any

1884. — Chapter 320. 351

person examined hereunder, or aid in so doing; or wil- Nor furnish

p 11 .1 I r- I i i- secret informa-

lully or corruptly make any lalse representations uon.
concerning the same or concerning the person examined ; or
wilfully or corruptly furnish to any person any special or
secret information, for the purpose of either improving or
injuring the prospects or chances of any person so exam-
ined, or to be examined, being appointed, employed or
promoted.

Section 19. All rules established as herein before Rules to be
provided, and all changes therein, shall forthwith be tHburedr"
printed for distribution by said commissioners, and a
certified copy thereof shall be sent to the mayor of each
city, and the same shall be published in one or more
newspapers in each city, and in any such publication of rules
shall be specified the date, not less than sixty days subse-
quent to the date of such publication, when such rules
shall go into operation, and thereafter all appointments to
office and selections for employment shall be made accord-
ing to said rules in cases to which said rules apply.

Section 20. The said commissioners may appoint a chief examiner
chief examiner who shall, under their direction, superin- ^° eappouue .
tend any examination under this act, and shall perform
such other duties as they may prescribe. Such chief ex-
aminer shall receive a salary of twenty-five hundred dol-
lars a year, and shall be paid his necessary travelling ex-
penses incurred in the discharge of his official duty. They secretary.
may also employ a secretary at a salary not exceeding
twelve hundnd dollars a year. They may designate per-
sons in the official service of the Commonwealth or of any
city, who shall, with the consent of the head of depart-
ment or office in which any such person serves, act in any
examination held under this act. But no person shall
serve as examiner of candidates for office under the pro-
visions of this act, when any relative or connection by
marriage, within the degree of fir&t cousin, shall be an
applicant. The said commissioners may also incur such Expenses of
expense, not exceeding fifteen hundred dollars a year, as co°^™i«8*°°er8.
may be proper for printing and stationery and other in-
cidental matters.

Section 21. The said commissioners shall be provided, office to be
under the direction of the governor and council, with p"""^'^^^*
an office, properly furnished, in the state house or Com-
monwealth building, suitable for the performance of the
duties imposed by this act.

352

1884 — Chapter 321.

Name and resi-
dence of every
person appoint-
ed, etc., to be re-
ported to com-
missioners.

Coramissionera
to keep records
of all their pro-
ceedings.

Penalty.

Section 22. The name and residence of every person
appointed, employed or promoted to or in any position
coming within the rules established as herein provided,
except laborers, together with the name or description of
such position and the subsequent rejection or discharge of
every such person, shall forthwith be reported to the said
commissioners by the officer making such appointment,
promotion, rejection or discharge, or providing such em-
ployment.

Section 23. The said commissioners shall keep rec-
ords of all their proceedings and of all examinations
made by them or under their authority, and all recom-
mendations of applicants for office received by said
commissioners or either of them, or by any officer having
authority to make appointments to office or to employ
laborers, or others coming within the scope of the rules
established as aforesaid, shall be kept and preserved, and
all such records and recommendations shall, subject to
such reasonable regulations as may be approved by the
governor and council, be open to public inspection.

Section 24. Whoever, after a rule has been duly
established and published according to the provisions of
this act, makes an appointment to office or selects a per-
son for employment contrary to the provisions of such
rule, or wilfully refuses or neglects otherwise to comply
with or to conform to the provisions of this act, or violates
any of such provisions, shall be liable to a penalty of not
less than one hundred nor more than one thousand dollars
for each offence. Approved June 5, 1884.

ChaT>321 An Act TO PROVIDE FOR THE APPOINTMENT OF A MEDICAL EXAMI-
NER FOR THE NORTHERN DISTRICT OP THE COUNTY OF FRANKLIN.

Be it enacted, etc., asfolloios:

Section 1. There shall be appointed a medical exami-
ner for a district to be known as the Northern District of
the county of Franklin, which shall be composed of the
towns of Orange, Warwick, New Salem and Wendell in
the county of Franklin.

Section 2. So much of section two of chapter twenty-
six of the Public Statutes as is inconsistent herewith is
hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved June 3, 1884.

Medical exam-
iner for North-
ern District of
countj' of
Franklin.

Repeal.

1884. — Chapter 322. 353

An Act to establish a homceopathic hospital for the CJlCip.S22

INSANE.

Be it enacted, etc., as follows:

Section 1. There shall be established at Westborough, Homceopathic
in the buildings now occupied by the state reform school, in°8ane'\t wLu
a state hospital for the care and treatment of the insane, ^°''°"sh-
upon the principles of medicine known as the homoeo-
pathic, and it shall be known by the name of the West-
borough Insane Hospital.

Section 2. There shall be devoted to the control and f°^*|,*'J|i^[„^^g°tf
use of said hospital all the lands and buildings thereon state reform

• 1 n 11 1'xi ii scliool to be

now belonging to the state reform school and situated on the used for hos-
westerly side of the town road, and westerly of a direct ^''''"
line drawn from the junction of the driveway leading from
the public road to the main buildings, so called, to a
point fifty feet south-easterly of a large pine tree standing
near the shore of the lake between the farm barn and the
building known as the ice-house : provided, that said
division line may be varied in its course or difierently
located if the trustees of the state reform school and the
authorities of the lunatic hospital mutually so determine.

Section 3. The government of the Westborough In- Government to
sane Hospital shall be vested in a board of seven trustees boaVdolfs'even
appointed and commissioned by the governor, with the ^^hom'^simn'be*^
advice and consent of the council, subject to removal only '"'omen.
for sufficient cause, five of whom shall be men and two of
whom shall be women, and the term of office for all the
trustees shall be five years, but of those first appointed,
one member shall hold office for five years, two for four
years, one for three years, two for two years and one for
one year, from the first Wednesday of February in the
year one thousand eight hundred and eighty-four, and on
the first Wednesday in each succeeding year one or more
members shall be appointed for five years to fill the
vacancy or vacancies then occurring.

Section 4. The trustees of the Westborough Insane Trustees to be a
Hospital shall be a corporation for the purpose of taking hoMrng lands"*^
and holding to them and their successors, in trust for the money**donated.
Commonwealth, any grant or devise of lands, and any '''^•
donation or bequest of money or other personal property
made for the use of the institution of which they are
tru5>tee8, and for the purpose of preserving and investing
the proceeds thereof, in notes or bonds secured by good

354

1884. — Chapter 322.

Powers and
duties.

To appoint a
homoeopathic
physician and
assistant physi-
cians.

Insane persons
to he committed
to such hospitals
as patient's fam-
ily, etc., desire.

and sufficient mortgages or other securities, with all the
powers necessary to carry said purposes into eflect. And
they shall have authority to expend any donation or be-
quest, or any part of the same, in the erection of new
buildings on the land belonging to the hospital : provided,
that all such buildings shall belong to the hospital and be
managed as a part thereof.

Section 5. The trustees of the Westborough Insane
Hospital shall have and exercise the same powers and
duties as are prescribed in the eighty-seventh chapter of
the Public Statutes and all existing acts in addition there-
\o and modification thereof, and all the provisions of said
chapter and the acts in addition thereto and modification
thereof, so far as the same can be made applicable, are
bereby extended and made applicable to the management
of said state insane hospital at Westborough.

Section 6. The board of trustees shall appoinf? a
homoeopathic physician and assistant physicians and such
other officers and agents of the said corporation as they
shall deem necessary, who shall respectively hold and
perform the duties pertaining to their offices and agencies
during the pleasure of said board, and the said board shall
from time to time fix the salary of such superintending
physician, assistant physicians, officers and agents, sub-
ject to the provisions of chapter eighty-seven of the Public
Statutes.

Section 7. In making commitments of insane persons
according to the provisions of chapter eighty-seven of
the Public Statutes, the judges named in section eleven
of said chapter shall inquire of the applicants for the
commitment of any insane person, whether it is their
desire that such person should be treated upon the prin-
ciples of medicine known as the homoeopathic, and when
such applicants answer in the affirmative, such insane
persons shall be committed to the Westborough Insane
Hospital in preference to any other place, provided the
said hospital is able to receive them, and such insane per-
sons, not exceeding one hundred in number, as may now
or hereafter be inmates of the state lunatic hospitals, and
may desire the special treatment above mentioned, or for
whom such treatment may be desired by the patient's
family or by any person upon whose application such in-
sane person was committed to any state lunatic hospital,
may be transferred by the state board of health, lunacy

1884. — Chapter 323. 355

and charity to the Westborough Insane Hospital, when the
same shall be in readiness to receive them, and any other
inmates of the state lunatic hospitals may be transferred to
the Westborough Insane Hospital, whenever the same is
in a proper condition to receive them.

Section 8. The board of trustees established by this pians for aitera-
act shall, within thirty days after its passage, be appoint- [ng"! etc^,"to'^be
ed and qualified, and at or before the expiration of thirty govmior'and
days after said appointment, shall submit to the governor council.
and council plans for such alteration in the buildings as-
signed to the Westborough Insane Hospital and such ad-
ditions thereto, as shall be deemed necessary to fit them for
the residence of three hundred and twenty-five patients,
and of the physicians and other oflicers and attendants
who shall care for such patients, and upon the approval of
said plans by the governor and council, the said trustees
shall proceed at once to make contracts with the lowest
responsible bidders for the alteration and repair of the
buildings aforesaid and for necessary additions thereto, to
an amount not exceeding one hundred and fifty thousand
dollars.

Section 9. Upon the completion of the buildings in uponcompie-
the manner provided for in section eight, the trustees of lngs°go\"Jrnor
the Westborough Insane Hospital shall give notice to the lamltTon^^thir'
governor of the Commonwealth, who shall make proclama- upon a given
tion that upon a given day the said asylum will be opened wm be opened.
for the reception of patients ; and thereafter the judges
authorized to commit insane persons shall be at liberty to
commit, and the state board of health, lunacy and charity
shall proceed to transfer, insane persons of the class
mentioned in section seven of this act, and patients so
committed and transferred shall be supported in the same
manner as is now provided in sections thirty-one, thirty-
two, thirty-three and thirty-four of chapter eighty-seven
of the Public Statutes.

Section 10. This act shall take effect upon its passage.

Approved June 3, 1884.

An Act concerninq the state reform school. ChttV^^^S

Be it enacted, etc., as follows:

Section 1 The state reform school at Westborough Lyman school
shall hereafter be known as the Lyman School for Boys, ^°'''°y*-
and all statutes now in force concerning said reform school

356 1884. — Chapter 324.

shall hereafter apply to the Lyman School for Boys, ex-
cept as hereinafter provided.
Lands and SECTION 2. All the lauds and bulldino^s thereon hltherto

buildings not i i • i n

as8i£;ned to hos- belonging to the state reform school, and not assigned to
control of trus- the State lunatic hospital in Westborongh, shall be under*
tees of school, ^j^^ control and management of the trustees of the Lyman
School for Boys ; and to provide for the purchase of land
and for additional buildings or accommodations for said
Lyman school, the trustees are authorized to expend a
sum not exceeding fifteen thousand dollars, provided no
land shall be purchased nor buildings erected until esti-
mates of cost have been approved by the governor and
council ; but after such approval said trustees shall have
power to make all purchases and contracts and employ all
agents necessary to carry into effect the powers herein
conferred.
No boy to be SECTION 3. No bov shall bc Committed to the Lyman

committed to , , . , „ ^ ■J •'

Lyman School ochool lor Boys who has passcd the age of fifteen years ;

the age of fifteen and if, withiu twcuty days after the commitment of any

y^*""®' boy, the trustees shall have reason to believe that such

boy, at the time of his commitment, was more than fifteen
years of age, they may apply to the court by whom such
commitment was made for a revision of sentence, and the
court shall have power to revise his sentence, after deter-
mining, in the manner provided by law for the determina-
tion of facts in said court, any question arising in regard to
his age, and to pass such sentence as it might have passed
if such boy had been found, at the time of his original
sentence, to be of the age which it shall appear that he
then was.

Appropriation. SECTION 4. The sum of fifteen thousand dollars is
hereby appropriated for the purposes mentioned in this act.

When to take SECTION 5. This act sliall take effect upon its passage,
so far as relates to providing for additional buildings or
accommodations for the Lyman School for Boys, and in
all other respects on the first day of October next.

Approved June 5, 1884.

Chap.324: A.n act relating to pawnbrokers.

Be it enacted, etc., as follows:

ton&iT ^iFei^' Articles of personal apparel shall not be deemed to be
of a perishable nature within the meaning of section thirty-
three of chapter one hundred and two of the Public
Statutes. Approved June 5, 1884.

18S4. — Chapters 325, 326. 857

An Act to provide for the safe keeping of ballots in the city (7/?a7).325

OF BOSTON.

Be it enacted^ etc., as follows :

Section 1. It shall be the duty of the board of alder- Fire proof re-
men of the city of Boston to provide at the city hall or SoTto be pro-" "
elsewhere within the limits of said city, a suitable safe or ''''^''^•
fire proof vault of sufficient capacity to contain all the
boxes or envelopes in which the ballots cast at the state
and municipal elections are deposited ; the key of said safe
to be in the sole custody of the city clerk of said city.

Section 2. No box of ballots thus deposited or held Not to be deiiv-

1 f 11 1 iT /••! /• ered except

shall be delivered by the custodian oi saicl sate, except upon order of

,, ... 1 i' 1 I ii • 1 'ii. authorized cora-

upon the written order oi a duly authorized committee on mittee.
elections on part of said board of aldermen, the common
council, the school committee or a committee of the legisla-
ture.

Section 3. Said city clerk shall, in person, receive city cierk to re-
the boxes or envelopes in which said ballots may be de- perTon.'^ °*'°
posited from the person or persons whose duty it may be
to deliver them to the city clerk.

Section 4. Whoever wilfully violates any of the pro- Penalty.
visions of this act shall be punished by tine not exceeding
one thousand dollars or imprisonment in thehouse of cor-
rection not exceeding one year.

Section 5. This act shall take effect upon its passage.

Approved June 5, 1884.

An Act in relation to the payment of money into the treasury (7^^99.326

OF the comjionwealth.
Be it enacted, etc., as follows:

Section 1. In all cases when sales of the property of itemized ac-

-, 1^ i.^ ^ '' . count of Bales

the Commonwealth are made by any oincer or a state in- under oath, to
stitution, the superintendent thereof shall submit to the tr^easurer
trustees or other supervising board of such institution an
itemized account of such sales, verified by his oath, which
account shall be approved by the said trustees or other
supervising board in the manner in which accounts for
materials and supplies for such institutions are approved,
and such itemized account shall be filed with the treasurer
of the Commonwealth at the time when the proceeds of
such sales are paid into the treasury in compliance with
law.

Section 2. This act shall take effect upon its passage.

Approved June 3, 1884.

358

1884. — Chapters 327, 328, 329.

City may cover
with a pile
structure cer.
tain flats in
Charles River.

C%tt/?.327 An Act authorizing the city of boston to build a pile struct-
ure IN CHARLES RIVER.

Be it enacted, etc. , as follows :

Section 1. The city of Boston may cover with a pile
structure the parcel of flats in Boston covered by the
waters of Charles River and bounded by the new Warren
Bridge, the pile structure of the Fitchburg railroad com-
pany, and the line of the southerly side of the draw open-
ings in said bridge and the bridge of said railroad com-
pany, and may maintain the same ; all new piles for said
structure required in addition to the existing piles shall
be driven in such places as the board of harbor and land
commissioners shall designate.

Section 2. Except as provided in this act chapter
nineteen of the Public Statutes shall not apply to the
structure herein authorized.

Section 3. This act shall take efiect upon its passage.

[^This bill, returned by the Governor to the Senate in which it
originated, with his objections thereto, was there passed on the
third day of June, 1884, and in concurrence by the House of
Re^nesentatives on the fourth day of June, 1884, the objections
of the Governor notwithstanding, in the manner prescribed by the
Constitution, and thereby had the '•'■force of a law."'\

p. 8. 19 only to
apply as pro-
vided in this act.

Ch(lp.32lS -^^ ^^^ '^^ ESTABLISH THE SALARY OF THE GOVERNOR OF THE

COMMONW^EALTH.

Salary of the
governor.

When to take
effect.

Be it enacted, etc., as follows:

Section 1. The governor shall receive out of the
treasury a salary of five thousand dollars a year, and shall
be entitled to no fees or perquisites.

Section 2. This act shall take efiect at the beginning
of the next political year. Approved June 4, 1884.

Ch(tp.32Q An Act establishing the salaries of the clerk of the senate

AND THE CLERK OF THE HOUSE OF REPRESENTATIVES.

Salaries of
clerks of senate
and house.

Be it enacted, etc., as follows:

Section 1. The clerk of the senate and the clerk of
the house of representatives, from and after the first day
of January in the year eighteen hundred and eighty-four,
shall each receive a salary of three thousand dollars a year.

Section 2. This act shall take efiect upon its passage.

Approved June 4, 1884.

1884. — Chapter 330. 359

An Act concerning foreign corporations having a usual place (7Aa».330

OF business in this commonwealth.
Be it enacted, etc., as follows:

Section 1. Every corporation established under the Foreign corpo-
laws of any other state or foreign country and hereafter point commis.
having a usual place of business in this Commonwealth ra'tl'o'nVusattor.
shall, before doing business in this Commonwealth, appoint ^*ifom process
in writing the commissioner of corporations or his sue- may be served,
cesser in office to be its true and lawful attorney upon whom
all lawful processes in any action or proceeding against it
may be served, and in such writing shall agree that any
lawful process against it which is served on said attorney
shall be of the same legal force and validity as if served
on the company, and that the authority shall continue in
force so long as any liability remains outstanding against
the company in this Commonwealth. A copy of the writ-
ing duly certified and authenticated, shall be filed in the
office of the said commissioner, and copies certified by him
shall be deemed sufficient evidence thereof. Service
upon such attorney shall be deemed sufficient service upon
the principal.

Section 2. When legal process against any such com- when process

•1 . -, "^ ^ . . ", 111' tj is served upon

pany is served upon said commissioner, he shall immediate- commissioner,

ly notify the company of such service by letter with postage dfateiy n'"tf/

prepaid directed in the case of a company of a foreign *^® company.

country to the resident manager, if any, in this country ;

and shall, within two days after such service, forward in

the same manner a copy of the process served on him to

such corporation or manager, or to any person designated

by the company in writing. The plaintiff in each process

so served shall pay to the commissioner at the time of such

service a fee of two dollars, which shall be recovered by

him as part of the taxable costs, if he prevails in the suit.

The said commissioner shall keep a record of all processes

served upon him, which record shall show the day and

hour when such service was made.

Section 3. Every such company before transacting Before transact-
business in this Commonwealth shall file with said com- companyThaii
missioner a copy of its charter or certificate of iucorpora- commuVo^ner a
tion, and a statement of the amount of its capital stock, copy of its

1 ' charter, etc.

and the amount paid in thereon to its treasurer, and if
any part of such payment has been made otherwise than
in money the statement bhall set forth the particulars
thereof, and said statement shall be subscribed and sworn

360

1884. — Chapter 331.

Companies now
doing business,
to file copy, etc.
on or before
Oct. 1, 1884.
under penalty.

Fl^bb for filing
copy and state-
ment.

Not to apply to
insurance com-
panies.

To take cff'ict
July 1, 1884.

to by its president, treasurer and by a majority of its
directors or officers having the powers usually exercised
by directors. All such companies now doing business in
this Commonweath shall file such copy and such statement
on or before the first day of October next, provided such
business is thereafter continued. Every officer of a cor-
poration which fails to comply with the requirements of
this act, and every agent of such corporation who transacts
business as such in this Commonwealth shall for such
failure be liable to a fine not exceeding five hundred dollars ;
but such failure shall not affect the validity of any con-
tract by or with such corporation. Every such company
shall pay into the treasury ten dollars for filing the copy
of its charter, and five dollars for filing the statement re-
quired by this section.

Section 4. This act shall not apply to foreign insur-
ance companies.

Section 5. This act shall take efiect on the first day
of July in the year eighteen hundred and eighty-four.

Approved June 4, 1884.

Chap. 331 -^N Act in addition to " An Act to establish a reformatory

FOR MALE PRISONERS."

Organ may be
removed from
Btate prison at
Concord to
buildings at
Boston.

Stores and other
articles may be
sold from the
state prison to
the reformatory.

Be it enacted^ etc., as follows :

Section I. The commissioners of prisons may, in car-
rying out the provisions of chapter two hundred and fifty-
five of the acts of the year eighteen hundred and eighty-four,
remove from the state prison at Concord to the buildings
at Boston formerly occupied as said prison, the organ
formerly used in the chapel of said prison, together with
the steam boiler formerly used in heating the house of the
warden, and such other articles of property as in the
opinion of said warden and commissioners will not be
needed in said prison buildings at Concord after the re-
moval of said prison to Boston.

Section 2. The warden of the state prison may sell
to the superintendent of the Massachusetts reformatory,
when the same shall have been established, such stores,
provisions and other articles belonging to the state prison
as in the opinion of the warden should be so sold, and
shall turn over to the treasurer of the Commonwealth the
receipts from said sales ; and the warden may expend, for
the support of said state prison, in addition to the appro-

1884. — Chapter 332. 361

priatioii therefor, an amount equal to that so turned over
to the said treasurer.

Section 3. The cost of removing the prisoners in the costofremov.
state prison, from Concord to Boston, and the cost of all b^fpamfrom
other transportation involved in the removal of the said *''*'*' feasury.
prison, shall be paid from the treasury of the Common-
wealth.

Section 4. Said commissioners may expend for the Repair of dam-

11 ages caused by

repair of damages caused by the fire which occurred in fire.

one of the prison buildings at Boston on the seventeenth

day of May of the year eighteen hundred and eighty-four,

a sum not exceeding eight hundred dollars. Said com- clerical assist-

missioners may also expend for additional clerical assist- ''"'''^"

ance during the current year, a sum not exceeding two

hundred and fifty dollars. The secretary of said com- Additional com-

III . /. iTi- 1 • •! pensation for

missioners shall receive tor additional service required secretary.
from him under said chapter two hundred and fifty-five,
such sum, not exceeding three hundred and fifty dollars,
as said commissioners shall fix.

Section 5. Section fourteen of said chapter two hun- Amendment to
dred and fifty-five is hereby amended by striking out, in •- '•§
the first line thereof, the words " with the same consent,"
and by inserting after the word " necessary" in the fourth
line of said section, the words " with the same consent "

Section 6. This act shall take eflfect upon its passage.

Approved June 4, 1884.

An Act in further addition to an Act making appropria- (7^ar),332

TIONS for expenses AUTHORIZED THE PRESENT TEAR, AND FOR
OTHER PURPOSES.

Be it enacted, etc., as folloics :

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
and for other purposes, to wit : —

For certain inhabitants of the towns of Gay Head and fanVs'^'oVGay^*'
Chilmark, two thousand four hundred dollars, as author- Head and chu-
ized by chapter forty- one of the resolves of the present
year.

For completing the list of Massachusetts oflicers, sailors List of the navy

T • -i 1 • ii • ii 1 X • •! in the late war.

and marines who served in the navy in the late civil war, one
thousand dollars, as authorized by chapter forty-five of
the resolves of the present year, the same to be in addition

362

1884. — Chapter 332.

Report of trus-
tees of agricul-
tural college.

Hillside Agri-
cultural Society.

Report of board
of control of ex-
perimental
station.

Alice S. Hol-
brook.

Agricultural
college.

Normal school
at Worcester.

Census.

Judge of pro-
bate and ineol-
Tency for Berk-
shire county.

Contagious dis-
eases among
cattle.

to five hundred dollars appropriated by chapter thirty-two
of the acts of the present year.

For printing additional copies of the report of the trus-
tees of the agricultural college, a sum not exceeding one
hundred and thirty dollars, as authorized by chapter forty-
six of the resolves of the present year.

For the Hillside agricultural society, two hundred dol-
lars, as authorized by chapter forty-seven of the resolves
of the present year.

For printing the report of the board of control of the
Massachusetts agricultural experimental station, a sum
not exceeding three hundred and seventy-five dollars, as
authorized by chapter forty-eight of the resolves of the
present year.

For Alice S. Holbrook, seventy-two dollars, as author-
ized by chapter forty-nine of the resolves of the present
year.

For the Massachusetts agricultural college, a sum not
exceeding thirty-six thousand dollars, as authorized by
chapter fifty of the resolves of the present year.

For the state normal school at Worcester, one thousand
dollars, as authorized by chapter fifty-one of the resolves
of the present year.

For expenses in connection with preparing for taking
the decennial census, a sum not exceeding two thousand
dollars, as authorized by chapter one hundred and eighty-
one of the acts of the present year.

For the salary of the judge of probate and insolvency
for the county of Berkshire, two hundred and sixty-nine
dollars and ninety cents, as authorized by chapter one
hundred and ninety-two of the acts of the present year,
the same to be in addition to the one thousand two hun-
dred dollars appropriated by chapter six of the acts of
the present year.

For the salary of the register of probate and insolvency
for the county of Berkshire, two hundred and sixty-nine
dollars and ninety cents, as authorized b}^ chapter one
hundred and ninety-two of the acts of the present year,
the same to be in addition to the one thousand two hun-
dred dollars appropriated by chapter six of the acts of the
present year.

For the purpose of carrying out the provisions of chap-
ter two hundred and thirty-two of the acts of the present

1884. — Chapter 332. 363

year, entitled " An Act concerning contagious diseases
among cattle," a sum not exceeding two thousand dollars.

For the construction of additional buildings at the state Buildings at
workhouse at Bridgewater, a sum not exceeding fifty CuL^"' '
thousand dollars, as authorized by chapter fifty-four of the
resolves of the present year.

For the salary of the register of probate and insolvency Register of pro-
for the county of Hampden, one hundred and thirty-three county of
dollars and thirty-four cents, the same to be in addition to ^'""P'^*'"-
the sixteen hundred dollars appropriated by chapter six of
the acts of the present year.

For the publication of a list of persons whose names List of names
have been changed in this Commonwealth, a sum not ex- '"''"^® •
ceeding one thousand eight hundred dollars, as authorized
by chapter two hundred and forty-nine of the acts of the
present year.

For alterations and repairs in the old state prison build- Repairs in oid
ings at Boston, a sum not exceeding thirty-five thousand bimdings?"
dollars ; for the prison and hospital loan sinking fund,
sixty thousand dollars; for assistance to prisoners d is- Assistance to
charged from the Massachusetts reformatory, a sum not p"*°""*-
exceeding one thousand dollars ; and for the removal of Removal of

- 1 T» r 1 /• prisoners.

prisoners to and from the Massachusetts reformatory, a
sum not exceedino; two hundred dollars, all of the fore-
going being authorized by chapter two hundred and fifty-
five of the acts of the present year.

For salaries and expenses at the Massachusetts refor- Massachueetts
matory, a sum not exceeding forty thousand dollars. reformatory.

The appropriation made by chapter fifty of the acts of fj^^^°f^^^^^°°
the present year for the payment of salaries and expenses Concord appii-

, ,. A /^ 1 • I I 1 I'll calile to prison

at the state prison at Concord, is hereby made applicable at Boston.
for the payment of salaries and expenses at the state prison
at Boston, whenever the prison is removed to Boston
as provided for in chapter two hundred and fifty-five of
the acts of the present year.

For the support of normal schools, a sum not exceeding Night watch-
five hundred dollars, to be paid out of the moiety of the h^otrs^at Bridge^
income of the school fund applicable for educational pur- Tcho".""'^™'''
poses, said sum being for the purpose of employing a
night watchman in the boarding house at the Bridgewater
normal school, being in addition to the sixty-two thousand
and thirty-four dollars appropriated by chapter twenty-one
of the acts of the present year.

For authorized expenses of committees of the present fj'^mittees^

364

1884. — Chapter 332.

Dwelling-
houses, etc., at
state prison at
Concord.

Connecticut
River.

Cape Cod ship
canal, engineers
and commis-
sioners.

Report of secre-
tary of board of
agriculture.

Commission on
drainage of val-
leys of Mystic
River, etc.

Adulteration of
food and drugs.

Books for the
registration of
voters.

Ballot-boxes.

Agents ap-
pointed by
board of health
lunacy and
charity.

legislature, a sum not exceeding one thousand dollars, in
addition to the ten thousand dollars appropriated by
chapters two and two hundred and forty of the acts of the
present year.

For the completion of dwelling houses and the disposal of
sewage at the state prison at Concord, a sum not exceeding
thirty-eight hundred dollars, as authorized by chapter fifty-
seven of the resolves of the present year.

For the conservation of the Connecticut river, a sum not
exceeding one thousand dollars, as authorized by chapter
fifty-eight of the resolves of the present year.

For compensation and expenses of engineers and com-
missioners, to be appointed by the governor, as provided
for in sections seven and twelve of chapter two hundred
and seventy-four of the acts of the present year, being an
act entitled " An Act in relation to the Cape Cod ship canal
company," a sum not exceeding ten thousand dollars.

For printing extra copies of the report of the secretary
of the board of agriculture, a sum not exceeding fifteen
hundred dollars, as authorized by chapter sixty-two of the
resolves of the present year.

For compensation and expenses of a commission to
consider a general system of drainage for the valleys of
the Mystic, Charles and Blackstone rivers, a sura not
exceeding twenty thousand dollars, as authorized by
chapter sixty-three of the resolves of the present year.

To carry out the provisions of the act relating to the
adulteration of food and drugs, a sum not exceeding five
thousand dollars, as authorized by chapter two hundred
and eighty-nine of the acts of the present year, to be in
addition to the five thousand dollars appropriated by
chapter nine of the acts of the present 3'ear.

For blank books for the registration of voters, as pro-
vided for in section twenty-two of chapter two hundred
and ninety-eight of the acts of the present year, a sum not
exceeding seven hundred and fifty dollars.

For the purpose of providing cities and towns with
ballot-boxes, as provided for in section ten of chapter two
hundred and ninety-nine of the acts of the present year, a
sum not exceeding thirt3^-five thousand dollars.

For salaries and expenses of agents appointed by the
board of health, lunacy and charity, under the authority
of chapter two hundred and fifty-eight of the acts of the
present year, a sum not exceeding two thousand dollars.

188J:. — Chapter 332. 365

From the appropriation made the present year for Departments of
salaries and expenses of the departments of in-door and d"oor poor.
out-door poor there may be used such sum as may be
necessary to pay the salary of the auditor and clerk of the
board of health, lunacy and charity.

For the support and transportation of outside foundlings. Foundlings.
a sum not exceeding five thousand dollars, in addition to
the ten thousand dollars appropriated by chapter nine of
the acts of the present year.

For expenses of the special committee of the senate, Expenses of

. .!.•• 'J. ., .i.- 1 epecial comniit-

appomted to inquire into any attempt to improperly tie of the
influence the action of senators upon the bill relative to ^'^"'"^•
the formation of watergas companies, to include stenographic
reporting and fees of witnesses, a sum not exceeding one
thousand dollars.

For compensation of the doorkeepers, messenofers and Doorkeepers,

_ , *^ 1 • 1 J 1 • messengers and

pages or the present legislature, a sum not exceeding two pages.
thousand dollars, in addition to the twenty thousand dol-
lars appropriated by chapters two and two hundred and
forty of the acts of the present year.

For Mary Going of Boston, two hundred and forty- Mary Going,
eight dollars and fifty cents, as authorized by chapter
sixty-eight of the resolves of the present year.

For providing for fire escapes at the state normal school Fire escapes at
at Bridgewater, a sum not exceeding eight hundred dol- at i^.ridgewater.
lars, as authorized by chapter sixty-nine of the resolves
of the present year.

To provide for a topographical survey and map of the Map and survey
Commonwealth, a sum not exceeding ten thousand dollars, °*"^^^^t'''^-
as authorized by chapter seventy-two of the resolves of
the present year.

For the widow of the late Lewis Gaul, four hundred Lewis Gaui.
and eighty-one dollars, as authorized by chapter seventy-
three of the resolves of the present year.

For the brothers of the late James William Finan, three James wiiiiam
hundred and twelve dollars, as authorized by chapter ^'°*°'
eighty of the resolves of the present year.

For the Campello Coiiperative Bank, two hundred and six oampeiio coop-
dollars and twenty-nine cents, as authorized by chapter ^'■"^'^<' ^'*"''-
seventy-seven of the resolves of the present year.

To carry out the provisions of the act to improve the civii service.
civil service of the Commonwealth and the cities thereof,
a sum not exceeding four thousand dollars, as authorized

366

1884 — Chapter 332.

Printing elec
tion lawB.

Repairs at state
house, etc.

Homceopathic
hospital for the
insane.

State reform
school.

Senators.

Representa-
lives.

John Dohevty.

Removing pris-
oners from state
prison.

Buildings dam-
aged by fire.

Commissioners
of prisons, cler-
ical assistance.

Additional for
secretary.

by chapter three hundred and twenty of the acts of the
present year.

For printing for use in the several cities and towns of
the Commonwealth the laws relating to elections, a sum
not exceeding eight hundred dollars, as authorized by
chapter seventy-four of the resolves of the present year.

For repairs and improvements in the state house and
at the Commonwealth building, a sum not exceeding
sixteen thousand three hundred dollars, as authorized by
chapter seventy-eight of the resolves of the present year.

For the purpose of establishing a homoeopathic hospital
for the insane at Westborous^h, a sum not exceeding one
hundred and fifty thousand dollars, as authorized by
chapter three hundred and twenty-two of the acts of the
present year.

To carry out the provisions of the act concerning the
state reform school, a sum not exceeding fifteen thousand
dollars, as authorized by chapter three hundred and twenty-
three of the acts of the present year.

For compensation of senators, six thousand three hundred
dollars, in addition to the twenty thousand five hundred
dollars appropriated by chapter two of the acts of the
present year.

For compensation of representatives, thirty-eight thou-
sand two hundred and fifty dollars, in addition to the one
hundred and twenty thousand five hundred dollars appro-
priated by chapter two of the acts of the present year.

For the child of the late John Doherty, six hundred
and fifty dollars, as authorized by chapter seventy-nine of
the resolves of the present year.

For payment of the cost of removing prisoners from the
state prison at Concord to Boston, and all other transpor-
tation in connection therewith, a sum not exceeding six
hundred dollars.

For repairs to buildings damaged by fire at the old state
prison at Boston, May seventeenth eighteen hundred and
eighty-four, a sum not exceeding eight hundred dollars.

For additional clerical assistance in the office of the
commissioners of prisons, a sum not exceeding two hun-
dred and fifty dollars.

For additional compensation for the secretary of the
commissioners of prisons, a sum not exceeding three hun-
dred and fifty dollars.

Section 2. This act shall take effect upon its passage.

Approved June 4, 1884.

1884. — Chaptebs 333, 334, 335. 367

An Act establishing the salary of the sergeant-at-arms. (7^a7).333
Be it enacted, etc., as folio ivs :

Section 1. The sergeant-at-arms shall receive an an- saiaryeatab-
iiual salary of three thousand dollars from and after January
first in the year eighteen hundred and eighty-four.

Section 2. This act shall take eflfect upon its passage.

Approved June 4, 1884.

An Act establishing the salary of the assistant clerk of (7^a».334:
the senate and the assistant clerk of the house of rep-
resentatives.

Be it enacted, etc., as follows:

Section 1. The assistant clerk of the senate and the salaries estab-
assistant clerk of the house of representatives from and
after the first day of January in the year eighteen hundred
and eighty-four shall each receive a salary of fifteen hun-
dred dollars a year.

Section 2. This act shall take efiect upon its passage.

Approved June 4, 1884.

An Act making appropriations for the salaries of the clerks nj^rj^r^ QQ^
and assistant clerks of the senate and house of repre- "'

sentatives and the sergeant-at-arms.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are appro- Appropriations.
priated, to be paid out of the treasnry of the Common-
wealth, from the ordinary revenue, for the following
purposes, to wit : —

For the salaries of the clerks of the senate and house of cierks of senate
representatives, one thousand dollars, being in addition to *°
the amount heretofore appropriated.

For the salaries of the assistant clerks of the senate and Assistant
house of representatives, six hundred dollars, being in
addition to the amount heretofore appropriated.

For the salary of the sergeant-at-arms, five hundred sergeant-at-

*' " arms.

dollars, being in addition to the amount heretofore appro-
priated.

Section 2. This act shall take efi'ect upon its passage.

Approved June 4, 1884.

368 188i. — Chapters 1, 2, 3.

RESOLVES.

Chdp. 1 l^ESOLVE AUTHORIZING THE TREASURER TO BORROW MONEY IN

ANTICIPATION OF THE REVENUE.

Treasurer^raay Resolved, That the treasurer and receiver-general be
In anticipatiou aiid he is hcrebv authorized to borrow, in anticipation of

of the revenue. ,i • ± c ^i. i. i r

the receipts ot the present year, such sums oi money as
may be from time to time necessary for the payment of
the ordinary demands on the treasury, at any time before
the expiration of fifteen days after the meeting of the
general court, at such rates of interest as shall be found
necessary ; and that he repay any suras he may borrow
under this resolve as soon as money sufficient for the pur-
pose and not otherwise appropriated shall be received
into the treasury. Apjrroved January 22, 1884.

Chctp. 2 Resolve in favor of the reformatory prison for women.
Reformatoiy Resolved, That there be allowed and paid out of the

prison for />iy^* iiz-i t-i

women. trcasury 01 the Commonwealth, Irom the unexpended

balance of the appropriation made by chapter thirty-nine
of the resolves of the year eighteen hundred and eighty-
three, entitled a " Resolve to provide for the better pro-
tection of the reformatory prison for women against fire,"
a sum not exceeding twelve hundred dollars, to be ex-
pended under the direction of the commissioners of
prisons for the purchase of fire hose and one or more
hose carriages for use at said prison.

Approved February i, 1884.

Chav. 3 Resolve to confirm the acts done by Frederick j. barnard

AS A NOTARY PUBLIC.

Acts done by ResolvecL, That all acts done by Frederick J. Barnard,

Barnard as" as a notary public within and for the county of Worcester,
confSiied!*'"^' between the nineteenth day of September eighteen hun-

1884. — Chapters 4, 5, 6. 369

dred and eighty-three and the tenth day of January
eighteen hundred and eighty-four, are hereby made valid
and confirmed to the same extent as though he had been
during that time qualified to discharge the duties of said
office. Approved February 12, 1884.

Resolve in favor of the Massachusetts charitable eye and (JJiap. 4

EAR INFIRMARY.

Resolved, That there be allowed and paid out of the MaBsachuBetts

„ ■, r^ 11, 1111I i charitable eye

treasury of the Commonwealth ten thousand dollars to and ear in-
the Massachusetts charitable eye and ear infirmary, to be ^'"'"'"■y-
expended under the direction of the managers thereof for
the charitable purposes of said infirmary for the present
year ; and the said managers shall report to the state
board of health, lunacy and charity.

Approved February 12, 1884.

Resolve in favor op rufus r. wade. Chap. 5

Resolved, That there be allowed and paid out of the ^J^^^J^^^^y^^g
treasury of the Commonwealth to Rufus R. Wade, the
sum of five hundred and forty-eight dollars, the same
being the amount paid by him for medical services and
attendance, on account of injuries received while in the
discharge of his duties as chief of the district police.

Approved February 12, 1884.

Resolve for the better protection ot the interests op the QJidr). 6

COMMONWEALTH IN BONDS OF THE NEW YORK AND NEW ENG-
LAND RAILROAD COMPANY.

Resolved, That for the purpose of protecting the inter- interests of the
ests of the Commonwealth in the bonds of the New York in the bonds of
and New England Railroad Company, and securing the andNv^En^^
value of said bonds to the sinking fund to which they com^ny°'"^
belong, the treasurer of the Commonwealth is hereby
authorized and instructed to represent and act for the
Commonwealth, in person or by the attorney-general or
his assistant, or other counsel, subject in all cases to the
approval of the governor and council, in all matters, acts
and proceedings affecting said securities, and especially in
any proceedings of the bondholders or trustees under the
mortgages given by said corporation, or of the stock-
holders or officers of said corporation, or of the creditors
of said corporation, before any court of justice or else-
where ; and, with the approval of the governor and

370

1884. — Chapters 7, 8, 9, 10.

Chap. 7

Fitchburg

Cooperative

Bank.

Chap. 8

Allowance to
George White.

council, in execution of the foregoing power, to require
and direct proceedings by the trustees under the " second
mortgage," to wit, that given by said railroad corporation
to William T. Hart, Frederick J. Kingsbury and Eustace
C. Fitz, trustees, according to its provisions ; to provide
for the indemnification of the trustees, and generally to
do any and all acts in the premises necessary and proper
for effectually protecting the interests of the Common-
wealth in said property. Ajiproved February 15, 18S4.

Resolve in favor of the fitchburg cooperative bank.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to the Fitchburg Cooper-
ative Bank the sum of eighty-three dollars and fifty cents ;
the same being the amount of tax overpaid by said bank
in the year eighteen hundred and eighty-two.

Ajoproved February 27, 1884.

Resolve in favor of george white.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to George White, the sum
of seven hundred and fifty dollars, the same being for his
services rendered as acting judge of probate and insolvency
for the county of Plymouth, from March thirty-first to
September twenty-eighth, inclusive, in the year eighteen
hundred and eighty-three, there being during said period
a vacancy in the ofiice of judge of probate and insolvency
for said county of Plymouth. Approved March 1, 1884.

Resolve in favor of george a. stearns and sarah n. richardson.

Resolved, That this Commonwealth hereby grants to
George A. Stearns and Sarah N. Richardson, all its right,
title and interest in the personal property of which Mar-
garet Turner, late of Watertown, died possessed, and
which for want of heirs would escheat to the Common-
wealth. Approved March i, 1884.

Chap. 10 Resolve providing for the construction of coal sheds at the

STATE PRISON AT CONCORD.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not' exceeding six
thousand dollars, to be expended under the direction of
the commissioners of prisons, for the purpose of construct-
ing coal sheds at the state prison at Concord. So much

Chap. 9

George A.
BtearDB.

Sarah N. Rich-
ardaon-
Margaret
Turner.

State prison at
Concord.

1884. — Chapteks 11, 12, 13. 371

of chapter forty-three of the resolves of eighteen hundred
and eighty-three as relates to the construction of coal
sheds is hereby repealed. Ap2}wved March 7, 1884.

Resolve in favor of john kenney. Chap. 11

Resolved, That John Kenney, father of Thomas Kenney Allowance to
who served to the credit of the Commonwealth in the war '^"''" ^«""«y-
of the Rebellion in company K, twenty-eighth regiment
Massachusetts volunteers, and died in service September
seventeenth eighteen hundred and sixty-two, shall, from
and after February first eighteen hundred and eighty-four,
be eligible to receive the same state aid to which he would
have been eligible had he been in receipt of the same in
eighteen hundred and sixty-six and eighteen hundred and
sixty-seven ; provided, that he is otherwise qualified to
receive state aid under the provisions, limitations and reg-
ulations of chapter thirty of the Public Statutes.

Approved March 7, 1884.

Resolve in favoe of william and Catherine Mclaughlin. Ch<XT>. 12
Resolved, That William and Catherine McLaughlin, wiiiiam
father and mother of James McLaughlin who served to ^^Laughiin.
the credit of the Commonwealth in the war of the rebellion, McLaughlin.
in company I, thirtieth regiment Massachusetts volunteers, M^cLaughiin.
and died of consumption in Boston on the eighteenth of
November eighteen hundred and sixty-nine, shall, from
and after February first eighteen hundred and eighty-four,
be eligible to receive the same amount of state aid that
they would have been eligible to had they been in receipt
of the same in eighteen hundred and sixty-six and eighteen
hundred and sixty-seven : provided, that they are other-
wise qualified to receive state aid under the provisions,
limitations and regulations of chapter thirty of the Public
Statutes. Approved March 7, 1884.

Resolve in favor of daniel f. moran and francis e. burton. QJiari 13
Resolved, That Daniel F. Moran, of Boston, late a mem- Allowances to
ber of company C, forty-second regiment Massachusetts J|^^^|^^'J^^
volunteers, and Francis E. Burton, of Somerville, late FiaacisE.
a member of company A, forty-second regiment Massa-
chusetts volunteers, shall, from and after January first eight-
een hundred and eighty-four, be eligible to receive state
aid, under the provisions, rules and regulations of chapter
thirty of the Public Statutes, in the same manner and to

372 1884. — Chapters 14, 15, 16, 17.

the same extent to which they would have been eh'gible had
they served to the credit of the Commonwealth in the late
war of the rebellion. Approved March 7, 1884.

CJiap. 14 Resolve in favor of moses b. waitt.

MosTB.'waiu. Resolved, That Moses B. Waitt, of Boston, father of
Ashbel Waitt who served to the credit of the Common-
wealth in the war of the rebellion, in company L, first reg-
iment heavy artillery, Massachusetts volunteers, and who
died in said service on the twenty-fourth day of September
eighteen hundred and sixty-three, shall, from and after
February first eighteen hundred and eighty-four, be eligible
to receive the same state aid to which he would have
been eligible had he been in receipt of the same in
eighteen hundred and sixty-six and eighteen hundred and
sixty-seven : provided, that he is otherwise qualified under
the provisions, limitations and regulations of chapter thirty
of the Public Statutes. Approved March 10, 1884.

Chap. 15 Resolve in favor of valentine bradshaw.

S^eiigiwrto Resolved, That Valentine Bradshaw, formerly a mem-
receive military ber of compauy F, sixth regiment Massachusetts infantry,
(one hundred days troops) shall, from and after February
first eighteen hundred and eighty-four, be eligible to re-
ceive military aid under the provisions, rules and regula-
tions of chapter thirty of the Public Statutes, in the same
manner and to the same extent that he would have been
had he served to the credit of Massachusetts.

Approved March 11, 1884.

Chap. 16 Resolve jn favor of Bridget slattery.

di'fbie'fore"'^ R^solved, That Bridget Slattery, of Groton, widow of
ceive state aid. the late Dauicl Slattery shall, from and after February
first eighteen hundred and eighty-four, be eligible to re-
ceive state aid under the provisions, rules and regulations
of chapter thirty of the Public Statutes, in the same man-
ner and to the same extent that she would have been had
her husband been in receipt of state aid at the time of his
death. Approved March 11, 1884.

Chap. 17 Resolve m favor of the trustees of the soldiers' home m

MASSACHUSETTS.

fnSIchr^ Resolved, That there be allowed and paid out of the
setu. treasury of the Commonwealth to the trustees of the

1884. - Chapters 18, 19, 20. 373

soldiers' home in Massachusetts, incorporated by chapter
two hundred and eighteen of the acts of the year eighteen
hundred and seventy-seven, the sum of fifteen thousand
doHars, the same to be used towards the maintenance of a
home for deserving soldiers and sailors.

Ajyproved March 11, 1884.

Resolve in favok of hiram p. harriman. Chap. 18

Resolved^ That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to Hiram P. Harriman, nman.
the sum of five hundred and twenty dollars, the same being
for his services rendered as acting judge of probate and
insolvency for the county of Bristol, from August eight-
eenth to November thirtieth, inclusive, in the year
eighteen hundred and eighty-three, there being during
said period a vacancy in the office of judge of probate and
insolvency for said county of Bristol.

Approved March 7, 1884.

Resolve in favor of the state lunatic hospital at taunton. (JJiap. 19
Resolved, That there be allowed and paid out of the state lunatic

,• 1 /"I 1 r- ii i J. noapital at

treasury or the Commonwealth to the trustees or the state Taunton.
lunatic hospital at Taunton, ten thousand two hundred
and thirty dollars, to be expended for the following pur-
poses : — Thirty-six hundred dollars, for laying out and
grading a new street including land damages ; twenty-five
hundred dollars, for painting wood-work outside of said
hospital building; thirteen hundred dollars, for the ex-
tension of the water pipes around the building, and for
new hydrants ; twenty-one hundred dollars, for building
brick walls for further protection against fire ; and seven
hnndred and thirty dollars, for new pumps for distribu-
tion of water for use in case of fire.

Approved March 12, 1884.

Resolve in favor of the modnt holyoke female seminary. (JJiap, 20
Resolved, That there be allowed and paid out of the Mount Hoiyoke
treasury of the Commonwealth to the trustees of the „I^!^ ^'"*'
Monnt Holyoke female seminary at South Hadley, four
hundred and fifty dollars and five cents, the same being the
aggregate amount of tax collected by the Commonwealth
on certain shares of the state national bank, of Boston,
owned by said seminary, from and including the year
eighteen hundred and seventy-four to and including the year

374 1884. — Chapters 21, 22.

eighteen hundred and eighty-two, and which said taxes
would have been paid said trustees, had they called for
the amount at the proper time within the years named.

Approved March 12, 1884.

Chap. 21 Resolve in favor of lucy t. langmaid.

Lucy T.Lang. Resolved, That Lucy T. Langmaid, of Salem, widow

maid, widow of ' -.»t t • i i

George w of the late George W. Langmaid who was a private in
bie°to^eceive^' compauy C, secoud Massachusetts volunteers, shall, from
state aid. ^^^^ ^^^^^ February first eighteen hundred and eighty-four,

be eligible to receive state aid in the same manner and to
the same extent she would have been entitled had her hus-
band been in receipt of state aid at the time of his death :
provided, she is otherwise qualified under the provisions,
limitations and regulations of chapter thirty of the Public
Statutes. Approved 3farch 12, 1884.

Chap. 22 Resolve granting county taxes.

Cou^ntyaxcs Jlesolved, That the sums placed against the names of

the several counties in the following schedule are granted
as a tax for each county, respectively, to be collected and
applied according to law : — Barnstable, thirteen thousand
dollars ; Berkshire, sixty thousand dollars, provided that
not less than ten thousand dollars thereof be applied to the
reduction of the existing debt of said county ; Bristol, one
hundred thousand dollars ; Dukes, seven thousand one
hundred dollars, provided that not less than one thousand
dollars thereof be applied to the reduction of the existing
debt of said county ; Essex, two hundred and five thou-
sand dollars, provided that not less than forty thousand
dollars thereof be applied to the reduction of the exist-
ing debt of said county; Franklin, twenty-six thousand
dollars, provided that not less than two thousand dollars
thereof be applied to the reduction of the existing debt
of said county ; Hampden, eighty-one thousand dollars,
provided that not less than six thousand two hundred and
fifty dollars thereof be applied to the reduction of the ex-
isting debt of said county ; Hampshire, thirty-eight thou-
sand dollars, provided that not less than one thousand
dollars thereof be applied to the reduction of the existing
debt of said county; Middlesex, one hundred and fifty
thousand dollars; Norfolk, fifty-five thousand dollars;
Plymouth, forty-five thousand dollars; Worcester, one
hundred and two thousand five hundred dollars, provided

1884. — Chapters 23, 24, 25. 375

that not less than two thousand five hundred dollars there-
of be applied to the purchase of federal and state reports
and statutes for the Worcester county law library.

Approved March 18 , 1884.

Resolve confirming the acts of moses n. aiinold as a jus- Chap. 23

TICE of the peace.

Hesolved, That all acts done by Moses N. Arnold as a Acts done by
justice of the peace, between the twenty-third day of Arnold as jus-
August and the fifth day of December, in the year eight- peLe^con.
een hundred and eighty-three, are hereby made valid and fir^ied.
confirmed to the same extent as though he had been
during that time qualified to discharge the duties of said
oflice. Approved March 18, 1884.

Resolve granting an allowance to certain organizations (JJiap. 24

FOR THE erection OF MONUMENTS ON THE BATTLEFIELD AT
GETTYSBURG, PENNSYLVANIA.

Hesolved, That there be allowed and paid out of the Monuments on

. I'ii/^ lii J' T£ the battlefield at

treasury ot the Commonwealth, a sum not exceeding five Gettysburg.
hundred dollars, to each of the following named organi-
zations, viz. : — The first, second, seventh, ninth, tenth,
eleventh, twelfth, thirteenth, fifteenth, sixteenth, eight-
eenth, nineteenth, twentieth, twenty-second, twenty-eighth,
thirty-second, thirty-third and thirty-seventh regiments of
infantry ; first and second companies of Andrew sharp-
shooters; first, third, fifth and ninth batteries of artillery,
and the first regiment of calvary ; all Massachusetts
volunteers, and engaged in the battle at Gettysburg,
Pennsylvania ; for the purpose of erecting suitable monu-
ments on the said battlefield ; the said amounts to be
paid upon the approval of the governor and council to a
duly authorized officer or committee of each association
of the aforementioned organizations, if applied for within
two years from the date of the passage of this resolve.
The aggregate amount of payments under this resolve
shall not exceed the sum of twelve thousand five hundred
dollars. Approved March 25, 1884.

Resolve in favor of artemas Raymond. Chap. 25

Hesolved, That there be allowed and paid out of the Aiiowanceto
treasury of the Commonwealth to Artemas Raj^mond, of mond.
Dedham, the sum of two hundred dollars in full compen-
eatiou for one horse accidentally and fatally injured while

376 1884. — Chapters 26, 27, 28, 29.

in the service of the Commonwealth, in battery A, at [the
encampment of said battery at Framingham on or about
the eighteenth day of August eighteen hundred and eighty-
tbree. Approved March 26, 1884.

Chap. 26 Resolve in favor of maria h. sargent.

S'trg^nfedan R^solved, That there be allowed and paid from the
annuity. trcasury of the Commonwealth to Maria H. Sargent, of

Maiden, an annuity of three hundred dollars, for the rest
of her natural life, as state aid, from the first day of
January in the year eighteen hundred and eighty-four,
payable in equal quarterly instalments.

Approved March 26, 1884.

Chap. 27 Resolve in favor of the town of holden.

Allowance to Resolvcd. That there be allowed and paid out of the
ocen. ^pg^gypy Q^ ^i^g Commonwealth to the town of Holden, as
re-imbursement for money paid for the support of state
paupers, the sum of thirty-four dollars.

Approved March 26, 1884.

ChajJ. 28 Resolve in favor of the soldiers' messenger corps.

Soldiers' raee. Resolvecl, That there be allowed and paid out of the

eenger corps. o \ r^

treasury of the Commonwealth, to the disabled soldiers'
employment bureau, a sum not exceeding eight hundred
dollars, the same to be expended under the direction of
the adjutant-general. Three hundred dollars of said sura
shall be allowed for superintendence of said bureau.

Approved March 26, 1884.

Chap. 29 Resolve in favor of lebbeus w. smith.

LebbeusAv Rcsolved, That Lebbeus W. Smith, of Boston, father

Smith, father of/.-p»,,Tif,,., , - , -, ,.■,/-.

Robert H. of Kobcrt H. Smith who served to the credit of the Com-
to"rece?v?8ute mou Wealth in the war of the rebellion, in company G,
***^' fifty-sixth regiment Massachusetts volunteers, and who

died while a prisoner of war at Florence, South Carolina,
on the twenty-sixth day of September eighteen hundred
and sixty-four, shall from and after February first eight-
een hundred and eighty-four, be eligible to receive the
same state aid he would have been eliofible to receive had
he been in the receipt of the same under chapter one
hundred and seventy-two of the acts of the year eighteen
hundred and sixty-six : provided, that he is otherwise

1884. — Chapteks 30, 31, 32. 377

qualified under the provisions, limitations and regulations
of chapter thirty of the Public Statutes.

Approved March 26, 1884.

Resolve in favor of the state workhouse at bridgewater. (JJiaj). 30

Resolved, That there be allowed and paid out of the state work-
treasury of the Commonwealth a sum not exceeding thirty- uorof buud-^'
five thousand dollars, in addition to the amount heretofore '°^*-
appropriated, for the purpose of completing the buildings
now in process of erection at Bridgewater, and as author-
ized under chapter sixty-one of the resolves of the year
one thousand eight hundred and eighty-three, and for the
purpose of providing for the drainage of and the lighting
and heating of said buildings ; said sum to be expended
under the direction of the trustees and superintendent of
the state workhouse. Approved March 27, 1884.

Resolve in favor of Frances a. hanscom Chcip. 31

Resolved, That Frances A. Hanscom, widow of William Frances a.
A. Hanscom formerly a membes of company D, thirteenth wXwTf'wn-
regiment of Massachusetts volunteer infantry, and after- ^^Im^i^Tio
ward an oflicer in the United States colored troops during receive state aid.
the late civil war, shall from and after the first day of
February eighteen hundred and eighty- four, be eligible
to receive state aid under the provisions, rules and regula-
tions of chapter thirty of the Public Statutes, in the same
manner and to the same extent that she would have been
entitled, had the disability of which her husband died been
incurred in the regiment in which he originally enlisted.

Approved March 31, 1884.

Resolve in favob op. the delegates to the educational Q]i(xj). 32

convention at LOUISVILLE, KENTUCKY, IN SEPTEMBER, EIGHT-
EEN HUNDRED AND EIGHTY-THREE.

Resolved, That there be allowed and paid out of the Delegates to
treasury of the Commonwealth the sum of seventy-five vention*^rt* *'°°'
dollars each to the following named persons : — Alonzo A. Lomsviiie, Ky.
Miner, William T. Harris, Thomas W. Bicknell, Edward
C. Carrigan and John W. Dickinson, to reimburse them
for expenses incurred as a commission appointed by the
governor to attend the educational convention held at
Louisville, Kentucky, in September eighteen hundred and
eighty-three. Approved April 4, 1884.

378 1884. — Chapters 33, 34, 35, 36.

QJiap. 33 Resolve in favor of the state normal school at salem.
state normal Resolvcd. That there be allowed and paid out of the

school at />!/-<( T • 1

Baiem. treasuFj oi the Commonwealth a sum not exceeding eight

hundred dollars, for replacing floors, for other necessary
repairs, and for a new chemical table for the state normal
school at Salem ; the same to be expended under the
direction of the board of education.

Approved April 4, 1884.

Chap. 34 Resolve in favor of the state almshouse at tewksbury.
State alms- liesolvcd. That there be allowed and paid out of the

vice -water tank, trcasuiy of the Commou Wealth a sum not exceeding four
thousand dollars, for erecting a high service water tank
for supplying the state almshouse at Tewksbury with
water, and for the better protection of said almshouse
against fire ; the same to be expended under the direction
of the state board of health, lunacy and charity.

Approved April 4, 1884.

Ghap. 35 Resolve in favor of jane parks.

Annuity conti.i- Resolved, That there be allowed and paid out of the

ued to Jane c i yi ■ i t t-» i /• r^

Parke. treasury oi the Commonwealth to Jane Jrarks, oi Cam-

bridge, the sum of two hundred dollars annually, for the
term of five years from the first day of January in the
year eighteen hundred and eighty-four: provided^ how-
ever, that the above named annuity shall cease at the
death of the said Jane Parks, if the same should occur
within the time specified in this resolve.

Apx)roved April 4, 1884.

Chap. 36 Resolve in favor of francis siidrtleff.

Allowance to Mesolved, That there be allowed and paid out of the

leflf, father of treasury of the Commonwealth the sum of two hundred
shurt^eff!' aud Seventy dollars and thirteen cents, to Francis Shurtleff,

of Taunton, father of George F. Shurtleff late of company
B, fifty-eighth regiment Slassachusetts volunteers, who
has been missing eighteen years and is supposed to be
dead, said sum being the balance of bounty and interest
Proviso. on the same due said George F. Shurtleff: provided, the

said Francis Shurtleff shall give a bond with sufficient
sureties in the penal sum of five hundred dollars, con-
ditioned to save the Commonwealth harmless from any
claim on the part of said George F. Shurtleff or of those
claiming under him. Apjrrooed April 4, 1884.

1884. — Chapters 37, 38, 39, 40. 379

Resolve in favor of agnes s goulding. Chap. 37

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to Agnes 8. Goulding, the in|"**
sum of two hundred and six dollars and twenty-five cents,
for performing, by direction of the governor, the duties of
superintendent of the reformatory prison for women, de-
volved upon her as deputy superintendent during the
vacancy in the office of superintendent from February
eighth eighteen hundred and eighty-three to May first
eighteen hundred and eighty-three.

Approved April 4, 1884.

Resolve in favor of the state normal school at bridge- (JJkx'Y), 3g

WATER.

Resolved, That there be allowed and paid out of the state normal
treasury of the Commonwealth a sum not exceeding one Mdgewater,
thousand dollars, for providing the state normal school at p'^"0' ^ooi^^-
Bridgewater, with a piano and books of reference, and
equipping a workshop at said institution.

Approved April 10, 1884.

Resolve in favor of the state normal school at framingham. QIiq'Y), 39

Resolved, That there be allowed and paid out of the state normal
treasury of the Commonwealth a sum not exceeding seven hfghamfrepai^s
hundred and seventy-five dollars for repairs upon the ^nd furniture.
school building and furniture for the boarding accommo-
dations at the state normal school at Framingham ; the
same to be expended under the direction of the board of
education. Approved Ajyril 11, 1884.

Resolve providing for the payment of the expense attend- QJiary. 40

ING THE establishment OF A PORTION OF THE BOUNDARY LINE
BETWEEN THE COMMONWEALTH OF MASSACHUSETTS AND THE
STATE OF RHODE ISLAND.

Resolved, That there be allowed and paid out of the Expense attend-
treasury of the Commonwealth the sum of forty-six hun- irjime^nrofthe
dred and thirty-three dollars and ninety-two cents, for bomfdary h"ul
the purpose of paying the proportion of expense belonging
to the Commonwealth of Massachusetts incurred in estab-
lishing the boundary line between the Commonwealth of
Massachusetts and the State of Rhode Island, from the
easterly line of the State of Connecticut to Burnt Swamp
Corner, and setting up monuments on said line, and that
said sum shall be payable to the order of Thomas G.

380 1884. — Chapters 41, 42, 43, 44.

Kent, chairman of the commissioners appointed to estab-
lish said line, by virtue of chapter twenty-seven of the
resolves of eighteen hundred and eighty-one, and section
two of chapter one hundred and fifty-four of the acts of
eighteen hundred and eighty-three.

Approved April 11, 1884.

Chap. 41 Resolve in favor of certain inhabitants of the towns of

GAT HEAD AND CHILMARK.

^enaTn°nhlw. BesolvecL, That there be allowed and paid out of the
gnteofGay treasury of the Commonwealth the sum of two hundred
mark. dollars each to the following named persons, viz. : —

Joseph Peters, Samuel J. Haskins, Samuel J. Anthony,
James F. Cooper, Moses P. Cooper, John P. Vanderhoop,
Leonard L. Vanderhoop, Thomas C. Jeflfers, Patrick L.
Devine, Charles Grimes and Peter Johnson, all of Gay
Head, and to James T. Mosher, of Chilmark, in recogni-
tion of their perilous, efiective and meritorious services in
the lifeboat, whereby the lives of twenty persons were
saved from the wreck of the steamer City of Columbus,
lost off Gay Head on the morning of January eighteenth
eighteen hundred and eighty-four.

Approved April 17, 1884.

Chap, 42 Resolve in relation to the care, keeping and reformation

of persons arrested for or convicted of drunkenness.
Board to report Resolved, That the board of health, lunacy and charity

concerning a re- , . "^ . .

formatory for be iustructed to cousidcr the expediency of establishing
an institution for the care, keeping; and reformation of
persons arrested for or convicted of drunkenness, and
report to the next general court.

Approved April 19, 1884.

Chap. 43 Resolve relative to the gradual abolition of grade cross-
ings IN cities and the populous parts of towns.
To report con- liesolved , That the railroad commissioners examine and

cerning aboil- ■ . i i i • /> • t

tion of grade rcpoi't to the uext legislature upon the subject or providmg
crossings, ec. for the gradual abolition of grade crossings in cities and
the populous parts of towns. Approved April 19, 1884.

Chap. 44 Resolve in favor of howard Holland.

Howard Hoi- Resolved, That Howard Holland, of Milford, Massachu-
receive state sctts, formerly a member of battery B, first regiment
United States artillery, shall from and after March first

1884. — Chapters 45, 46, 47. 381

eighteen hundred and eighty-four, be eligible to receive
state aid under the provisions, rules and regulations of
chaper thirty of the Public Statutes, in the same naanner
and to the same extent that he would have been had he
served to the credit of Massachusetts in the late war of
the rebellion. Approved April 19, 1S84.

Resolve providing for the completion of the list of massa- QJiap. 45

CHUSETTS OFFICERS, SAILORS AND MARINES WHO SERVED IN THE
NAVY IN THE LATE CIVIL WAR.

Resolved, That there be allowed and paid out of the List of men in

,. , y^ 11 . T the navy dunug

treasury ot the Commonwealth a sum not exceedmg one theiatewar.
thousand dollars, for the purpose of completing the list
of Massachusetts officers, sailors and marines who served
in the navy to the credit of this Commonwealth in the lute
civil war, as authorized by chapter fifteen of the resolves
of the year eighteen hundred and seventy-tive, and chapter
eight of the resolves of the year eighteen hundred and
eighty ; said amount to be in addition to the sum appro-
priated by chapter thirty-two of the acts of the present
year. Approved April 19, 1884.

Resolve providing for the printing of additional copies of QJiQvy^ 45

THE report of THE TRUSTEES OF THE AGRICULTURAL COLLEGE.

Resolved, That there be printed three thousand copies Report of tms-
of the annual report of the trustees of the Massachusetts cultural college.
agricultural college, one-half of which shall be distributed
among the members of the legislature and the remainder
to the officers and trustees of the college, the same to be
in addition to the usual legislative edition.

Approved April 28, 1884.

Resolve in favor of the hillside agricultural society. Chctp. 47
Resolved, That there be allowed and paid out of the Hiiiside agricui
treasury of the Commonwealth the sum of two hundred '"'^ society.
dollars, to the Hillside agricultural society for bounty for
the year eighteen hundred and eighty-two, the amount
said society would have been entitled to had it been
incorporated by an act of the legislature.

Approved April 28, 1884.

382 1884. — Chapters 48, 49, 50.

Chxip. 48 Resolve providing for printing the report of the board of

CONTROL OF THE MASSACHUSETTS AGRICULTURAL EXPERIMENTAL
station AT AMHERST.

Kntroiofthe Hesolvecl, That there be printed eight thousand copies
experimental of the Tcport of the board of control of the Massachusetts
Amherst. agricultural experimental station at Amherst, to be dis-

tributed as follows : — Five hundred copies to the secre-
tary of the Commonwealth to be distributed, one each, to
every city, town and incorporated library intheCommoa-
wealth ; three thousand copies to the said board of con-
trol, and forty-five hundred copies for the use of the
legislature. Apiyroved April 30, 1884.

Chap. 49 Resolve in favor of alice s. holbrook.

Alice 8. Hoi- Resolved, T\\?LtihevQ be allowed and paid out of the

brook, daiiglUi r c y /-^ 11 . !• t tt n 1 /.

of jamess. treasury oi the Commonwealth to Alice S. Holbrook, of
granteTan Duxbuiy, daughter of James S. Holbrook late of company
annuity. j^^ tweuty-ninth regiment Massachusetts volunteer militia,

an annuity of seventy-two dollars, for the term of five
years from the first day of January in the year eighteen
hundred and eighty-four, payable in equal quarterly
instalments. Approved May 2, 1884.

CllCip. 50 Resolve in aid of the Massachusetts agricultural college.
Aiiowancos to Resolvcd, That there be allowed and paid out of the
setts aVicuitu- treasury of the Commonwealth a sum not exceeding thirty-
ege. gj^ thousand dollars, the same to be expended under the
direction of the trustees of the Massachusetts agricultural
college, for the following purposes, to wit: — Five thou-
sand dollars for the completion of the dwelling house of
the president of said college ; six thousand dollars for
repairs and improvements on the north college and other
buildings connected with said college ; and twenty-five
thousand dollars for the erection and completion of a new
brick or stone building, to be situated on the grounds of
said college, and to be used for a cabinet of natural
history collections, a chapel for lectures and religious
services, and a library and a reading room. It shall not
be lawful for said trustees to expend any portion of the
money herein appropriated except in manner following,
Buildings to be to wit : — The Said trustees shall, upon due notice given,
tract. ^ *'°°' let to a responsible bidder or bidders furnishing sufficient
guarantees for the fulfilment of the same, giving preference
to the lowest bidder, in one or more contracts, all work

1884. — Chapter 51. 383

and materials not already contracted for, necessary for
the erection and completion of all said buildings, accord-
ing to plans and specifications to be furnished by said
trustees, and the aggregate contract price, including Limit of
existing contracts and expenses already incurred, shall ''^p""*^®-
not exceed thirty-eight thousand dollars ; and it shall not
be lawful for said trustees, in any event or manner, to
expend or authorize the expenditure in the completion of
said buildings of a sum exceeding in the aggregate the
sum of thirty-six thousand dollars, hereby appropriated ;
and no money shall be paid from the treasury under the
provisious of this resolve until copies of the contract or
contracts for erecting and completing said buildings, as
herein before required, have been filed in the office of the
auditor of the Commonwealth, and then only in accord-
ance with the terms of said contracts and upon the written
certificate of a majority of the building committee of said
trustees that the work has been performed and the money
is due thereunder : provided, however, that the power of J"JUft*^^|and're-
appointment of members of said board of trustees, and the moved by the

11^1' • c V. I I. governor and

powers of removal defined m section one ot chapter two council.
hundred and twenty of the acts of eighteen hundred and
sixty-three shall be hereafter exercised by the governor
with the advice and consent of the council, instead of said
board ; and said board during the current year shall, by Eiectedmem-
lot, divide the elected members thereof into seven classes videdinto
of two members each, of whom one class shall vacate their \ll^'' ''"''^' ^^
office January first eighteen hundred and eighty-five, and
one class on the first day of January in each year there-
after ; and such action shall be certified by the board to
the governor and council ; and appointments to fill the Appointments
vacancies so created shall be made for the term of seven to be flTrTe^nf
years. Approved May 8, 1884. "' '''''' ^'"'■

Resolve in relation to the indenture between the common- (JJidj)^ 5X

WEALTH AND THE BOSTON AND ROXBURY MILL CORPORATION, AND
THE MORTGAGE OB' SAID CORPORATION TO THE COMMONWEALTH.

Resolved, That the harbor and land commissioners, sub- construction
ject to the approval of the governor and council, are here- ciTof indenture'
by authorized to make and execute in the name and be- co^mmo"nwe^aith
half of the Commonvvealth, an agreement with the Boston ^n^Rox^ufy"
and Roxbur^ mill corporation, by which such a construe- Mm corpora-
tion shall be given to the second article of the indenture
dated the ninth day of June in the year eighteen hundred

384 1884.— Chapters 52, 53.

and fifty-four made by and between the Commonwealth
and said corporation, that the space inclosed or to be in-
closed by the sea wall mentioned in said article, excepting
the streets and avenues in such space, shall be deemed
filled to the height of the mill dam within the meaning
of said article, when filled to the height of grade thirteen,
and that such streets and avenues shall be deemed so filled,
when filled to a grade satisfactory to said harbor and land
commissioners or their successors in office or authority.
Mortgage to the but uot Icss than grade fourteen; and the mortgage of
modifled.^*^* Said corporatiou to the Commonwealth, of the same date
as said indenture, shall be so modified that the treasurer
and receiver-general shall, subject in other respects to the
provisions of said mortgage, release and convey to said cor-
poration portions of the land included in said mortgage, in
advance of contracts to sell and convey, instead of releas-
ing and conveying to purchasers with whom said corpora-
tion has contracted to sell and convey as provided in said
ProviBo. mortgage : provided^ however^ that nothing in said agree-

ment shall affect the obligation of the Commonwealth
to release to purchasers in the manner in said mortgage
provided, any portions of said land not released to said
corporation as aforesaid. Approved May 8, 1884.

Chap. 52 K,ESOLVE IN FAVOR OF THE STATE NORMAL SCHOOL AT WORCESTER.

State normal Besolved, That there be allowed and paid out of the

school at /• 1 J

Worcester. trcasury of the Commonwealth the sum of one thousand
dollars for the purpose of fencing and grading the grounds
of the state normal school at Worcester.

Approved May 13^ 1884.

ChciJ). 53 Resolve authorizing the treasurer to return certain bonds

TO CLARA BARTON.

Treasurer to re- Resolved , That the treasurer and receiver-general be
bonds to Clara aud he hereby is authorized to deliver to Clara Barton, at
Barton. ^^^ requcst and upon her written receipt, certain bonds,

viz. ; — Ten first mortgage bonds of the Cedar Rapids and
Missouri river railroad company of the State of Iowa, for
one thousand dollars each, dated May first A.D. eighteen
hundred and sixty-six, and payable May first nineteen
hundred and sixteen, numbered seventy-seven to eighty-
six inclusive, with the unpaid coupons attached ; said bonds
having been deposited by her with the treasurer of the
Commonwealth on the thirteenth day of September in the

1884. — Chapteks 54, 55, 56. 385

year eighteen hundred and eighty-three, in conformity with
the stipulations of a bond given by her to the Common-
wealth on said thirteenth day of September, conditioned
for the faithful performance of her duties as superintendent
of the reformatory prison for women at Sherborn.

Approved May 16, 1884.

Resolve providing for the construction of additional build- (JJidJ). 54

INGS for the state WORKHOUSE AT BRIDGEWATER.

Resolved, That there be allowed and paid out of the state work-
treasury of the Commonwealth a sum not exceeding tifty w^Jte?.'* " ^^"
thousaud dollars, to be expended under the direction of
the trustees and superintendent of the state workhouse
at Bridgewater for the construction of additional buildings
at said workhouse : provided, that no expenditure shall
be made under this resolve until the plans for said build-
ings have been approved by the governor and council.

Approved May 20, 1884.

Resolve authorizing the collection of forestry statistics. (JJiap. 55
Resolved, That the chief of the bureau of statistics Forestry staws-
of labor is hereby directed to incorporate in the blanks for ereVwUMhe'
taking the next decennial census such inquiries as shall de- cen'sul"^^^^
termine as far as practicable the acreage of the woodland
in the Commonwealth over thirty years' growth, the av-
erage age at which the forests of the Commonwealth are
now cut off, and such other inquiries as may be practicable
fully to determine the facts as to the cultivation, protec-
tion and depletion of the forests throughout the Common-
wealth. Approved May 24, 1884.

Resolve concerning the printing of the provincial laws. n},nr) 56

Resolved, That the provisions of chapter eighty-seven provincial lawB.
of the resolves of the year eighteen hundred and sixty-
seven be extended to embrace all the acts, lavvs, resolves
and orders of the province or colony and state of Mas-
sachusetts Bay, from the seventeenth day of June in the
year seventeen hundred and seventy-four to the time of
the adoption of the constitution of the Commonwealth,
and that the same be printed and distributed as provided
in said chapter eighty-seven. Approved May 27, 1884.

386

1884.— Chapteks 57, 58, 59.

State prison at
Concord, dis-
poBal of sewage,
completion of
dwelling
houseB.

Conservation
and improve-
ment of the
Connecticut
River.

ChcLp. 57 Resolve in favor of the state prison at concord.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding thirty-
eight hundred dolhirs, to be expended under the direction
of the commissioners of prisons, at the state prison at
Concord, for the following purposes, to wit : — Two thou-
sand dollars for the disposal of the sewage under the pro-
visions of chapter one hundred and sixty-seven of the acts
of the year eighteen hundred and eighty-three; and
eighteen hundred dollars for the completion of dwelling
houses under the provisions of chapter forty-three of the
resolves of the year eighteen hundred and eighty-three,
said sums to be in addition to the sums heretofore appro-
priated. Approved May 27, 1884.

Chap. 58 Resolve in relation to the conservation of the Connecti-
cut RIVER.

Resolved, That the board of harbor and land commis-
sioners is hereby authorized and directed to examine the
channel and course of the Connecticut River, within the
contines of this Commonwealth, and investigate the cause
and effects of floods upon the same, and report to the
next general court, the necessity or expediency of any
legislation for the preservation and improvement of said
river, and the promotion of all interests connected there-
with ; the total expenses under this resolve shall not ex-
ceed the sum of one thousand dollars.

Approved May 27, 1884.

Chan 59 Resolve relative to the occupation of railroad locations

BY COMPANIES ORGANIZED FOR THE PURPOSE OF TRANSMITTING
intelligence by ELECTRICITY.

Resolved, That the board of railroad commissioners is
hereby instructed to investigate the subject of the occupa-
tion of railroad locations by more than one company
organized for the purpose of transmitting intelligence by
electricity, including the necessity for and propriety of
such occupation, the terms and conditions under which
the same may be properly and safely permitted, the char-
acter and nature of the structures to be used, the regula-
tion of their construction, repair, maintenance and oper-
ation, and to report to the next general court the result
of their investigations, with such recommendations and
suggestions as they may desire to make.

Approved May 27, 1884,

Occupation of
railroad locu-
tions by more
than one tele-
graphic, etc.,
company, to be
investigated by
railroad com-
missioners.

1884. — Chapters 60, 61, 62. 387

Resolve relating to the records, files, papers and docu- Qliap. 60

MENTS IN THE STATE DEPARTMENT.

Resolved, That the orovernor, with the advice and con- Records and

„ , ., • J n -ill ^ files in the state

sent of the council, appoint nve suitable persons, one oi department.
whom shall be the secretary of the Commonwealth, who
shall be commissioners without pay to investigate the con-
dition of the records, files, papers and documents in the
state department. Said commissioners shall make a re-
port in print to the next general court setting forth what
steps, if any, should be taken to render the contents of
said records, tiles, papers and documents more accessible
for examination and inspection, how reference to the same
may be best facilitated, and what is the proper mode of
indexing them. Approved May 27, 1884.

Resolve concerning the distribution by the boston and al- (JJiap, 61

BANY RAILROAD COMPANY AMONG ITS STOCKHOLDERS OF CER-
TAIN OF THE SHARES OF ITS STOCK RECEIVED FROM THE
COMMONWEALTH.

Resolved, That the attorney-ofeneral be and he hereby Attomey-

,. I , . ,., , • , 1 1 T • general to insti-

ls directed to institute appropriate legal proceedings m tuteproceed-

the name of the Commonwealth in the supreme judicial Korand'' '^^

court against the Boston and Albany railroad company f^^^JJ/^^^^^

and such other parties as may be necessary to annul and ceming distn-

• TtT-i. • 1111 e bution of Steels

render void the distribution among its stockholders oi received from
certain of the shares of the stock of said company received
from the Commonwealth under the provisions of chapter
one hundred and twenty-one of the acts of the year eight-
een hundred and eighty-two, and to render void and of no
effect the certificates of stock issued by said company
whereby such distribution was effected, and such as shall
be necessary to the due enforcement of the laws and pro-
tection of the rights of the Commonwealth and of the pub-
lic, and said court may administer such remedies as are
suitable and proper ; and the attorney-general is further
directed to cause such further action respecting said mat-
ter to be taken in the courts of the Commonwealth as
shall seem to him advisable and the public interests may
require. Approved May 28, 1884.

Resolve providing for the printing of extra copies of the (JJiap. 62

THIRTY-FIRST ANNUAL REPORT OF THE SECRETARY OF THE MAS-
SACHUSETTS BOARD OF AGRICULTURE.

Resolved, Th'Ai there be printed three thousand addi- Extra copies of

388 1884. — Chapter 63.

report to be tioiial cooies of the "thirty-first annual report of the
secretary of the Massachusetts board of agriculture " for
the use of members, to be distributed as follows : — ten
copies to each member of the legislature, and the residue
under the direction of the clerks of the two branches.

Approved May 28, 1884.

ChctJ). 63 Resolve for the appointment of a commission to consider a

GENERAL SYSTEM OF DRAINAGE FOR THE VALLEYS OF THE MYS-
TIC, BLACKSTONE AND CHARLES RIVERS, AND CERTAIN OTHER
PORTIONS OF THE COMMONWEALTH.

fep'Sn'riyst^ Resolved, That the governor, with the advice and con-
ofdramapfo"" scut of the couiicil, bc authoHzed to appoint a commission
Mystic aud of fivc pcrsoHS, HO two of whoiQ shall be residents of one

other rivera, etc. • \-^ r i.\ r • -> • i

muncipality, tor the purpose or considering and reporting
a general system of drainage for the relief of the valleys
of the Mystic, Blackstone and Charles rivers, and for the
protection of the public water supplies of the cities and
towns situated within the basins of said rivers. Said
commission shall have power to employ such engineering
and other assistance as may be necessary for carrying out
the objects of this resolve. The commission shall con-
sider the various methods of disposal of sewage and the
application of such metho(.ls to any portion of the terri-
tory herein mentioned, and shall report its conclusions in
print to the legislature of the year eighteen hundred and
eighty-six, or to that of the year eighteen hundred and
eighty-five, if practicable, for a portion or the whole of
said territory ; and may consider and report upon the
needs of any other portion of the Commonwealth as to the
disposal of sewage and the protection of the public water
supplies therein. Said commission shall include in its re-
port suitable maps and plans of the territory to be drained,
an estimate of the cost of the work and a recommend-
Expensesof atiou as to the methods of apportioning said cost. The
commissioners shall receive such compensation tor their
services as the governor and council may determine,
provided that the whole amount expended under the
provisions of this resolve shall not exceed twenty thou-
sand dollars ; and the term of oflice of said commissioners
shall not extend beyond the thirty-first day of January in
the year eighteen hundred and eighty-six.

Approved May 28, 1884.

commission.

1884.— Chapters 64, 65, 66, 67, 68. 389

Resolve tendering the thanks of the commonwealth to mr. Chap. 64

JAMES WORMLEY, OF "WASHINGTON, D. C, FOR HIS GIFT OF A
PORTRAIT OF CHARLES SUMNER.

Resolved, That the Commonwealth of Massachusetts james
thanks Mr. James Wormley for his generous gift of a ^a°nTed for gift
portrait of the Hon. Charles Sumner, which has been ohawes'"^'"'' "*^
placed in the state library to be preserved as the property sumner.
of the Commonwealth. Approved May 28, 1884.

Resolve in relation to public records of parishes, towns (JJiart (55

AND counties

Resolved, That the governor and council are authorized Records of par-
to appoint a suitable person, who shall serve without etc!*' **^°*'
compensation, to report to the next legislature upon the
condition of all the public records of the parishes, towns
and counties of this Commonwealth ; said report to be in
a form convenient for printing. Approved May 28, 1884.

CliaiJ. 66

Resolve in relation to a settlement of the claim of the
commonwealth against george w. cram.

Resolved, That the state treasurer with the advice of ciaim against
the attorney-general be authorized to make such settle- cr.im, may be
ment or disposition of the claim made by the Common- trcMuren*^ ^
wealth against George W. Cram, late surveyor-general of
lumber, l)y compromise or otherwise, as he may deem
expedient. Approved May 28, 1884.

Resolve relating to the troy and Greenfield railroad and QJid^ty gj

HOOSAC TUNNEL.

Resolved, That the governor and council be and they Troy and
are hereby requested to consider the relation of the Com- road and uoosac
monwealth to the Troy and Greenfield Railroad and '^'""'^^'•
Hoof«ac Tunnel, and to report to the next session of the
legislature such recommendations and suggestions con-
cerniug the future management or disposition thereof as
they may deem expedient. Approved May 29, 1884.

Resolve in favor of mart going, of boston. Chap. 68

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to Mary Going, of Boston, '^^"'■y ^"'"s-
two hundred and forty-eight dollars and fifty cents ; the
said amount being in full payment of all losses sustained
by the said Mary Going by the taking of the Way estate
by the Commonwealth. Approved May 29, 1884.

390 1884.— Chapters 69, 70, 71, 72.

Chap. 69 Resolve providing for kire escapes at the state normal

SCHOOL AT BRIDGEWATER.

State normal Resolved, That there be allowed and paid out of the

Bcnool at n y r^ 11 T • 1

Bridgewater. treasuiy 01 the Commonwealth a sum not exceeding eight

» hundred dollars, for the purpose of providing suitable and

efficient fire escapes at the boarding house of the state

normal school at Bridgewater, the same to be expended

under the direction of the state board of education.

Ajyproved June 2, 1884.

Chap.

). 70 Resolve in relation to the purchase of undivided portions
OF flats at south boston owned in part by the common-
wealth.

Flats at South Hesolved, Th&t the harhoT and land commissioners are
purchasTdT ''^ authorized to purchase Certain undivided interests in the
lands and flats lying near the northerly shore of South
Boston, between B Street and E Street extended, at an
expense not exceeding seven thousand five hundred dol-
lars, in accordance with the provisions of chapter four
hundred and forty-six of the acts of the year eighteen
hundred and sixty-nine ; and the said sum is hereby ap-
propriated to be paid out of the Commonwealth's flats
improvement fund for that purpose.

Approved June 5, 1884.

Chaj). 71 Resolve relating to the contract with the waring hat

MANUFACTURING COMPANY.

Warden to ter- Resolved, That the warden of the state prison is hereby
with the Waring directed, on or before the first day of November next, to
uringcom-""^' terminate the contract made by him with the Waring hat
^*°^* manufacturing company on May fourth in the year eight-

een hundred and eighty-three, for the employment of
convicts in said prison and to notify said company forth-
with in accordance with the provisions of said contract
of his intention to terminate the same.

Approved June 2, 1884.

Chan. 72 Resolve to provide for a topographical survey and map of

the commonwealth.

Topographical Resolved, That the governor with the advice and con-
mapTfthe scut of the couucil, bc aud is hereby authorized to appoint
weSth?"' a commission to consist of three citizens of the Com-

monwealth, qualified by education and experience in
topographical science, to confer with the director or

1884. — Chapters 73, 74. 391

representative of the United States oreological survey and
to accept its co-operation with this Commonwealth in the
preparation and completion of a contour topographical
survey and map of this Commonwealth hereby authorized
to be made. Said commission shall serve without pay,
but all their necessary expenses shall be approved by the
governor and council, and paid out of the treasury. This
commission shall have power to arrange with the director
or representative of the United States geological survey
concerning this survey and map, its scale, method of exe-
cution, form and all details of the work in behalf of the
Commonwealth, and may accept or reject the plans of the
work presented by the United States geological survey.
Said commission may expend in the prosecution of this Expense of the
work a sum equal to that which shall be expended therein
by the United States geological survey, but not exceeding
ten thousand dollars during the year ending on the first
day of June eighteen hundred and eighty-five, and not to
exceed the sum of fifteen thousand dollars in any one
year thereafter, and the total cost to the Commonwealth
of the survey shall not exceed forty thousand dollars.

Approved June 2, 1884.

Resolve in favor of the widow of the late lewis gaul. (JJicip, 73
Resolved, That there be allowed and paid to the widow Allowance to
of the late Lewis Gaul, the sum of four hundred and eighty- gLuu^ °
one dollars, for the salary to which he would have been
entitled had he lived to the end of the present year.

Approved June 3, 1884.

Resolve concerning the printing of laws relating to elec- (JJiap. 74

TIONS. ^'

Resolved, That the secretary of the Commonwealth shall paws relating

' y ... T to elections to

cause to be prepared a pamphlet containing the acts passed be printed and
at the present session, relating to elections, together with
the provisions of the Public Statutes and other laws now
in force relating to elections, with proper notes and refer-
ences and a complete index in such form as may be con-
venient for preservation and use in the several cities and
towns of the Commonwealth ; and that he transmit six
copies thereof to the clerk of every town and five times
as many copies to the clerk of every city as there are wards
in such city ; and also one copy to each member of the
present legislature and one copy to each city and town.

Ap2oroved June 5, 1884.

392 1884. — Chapters 75, 76, 77, 78.

Chap. 75 Resolve confirming the acts of milton b. whitney as a jus-
tice OF THE PEACE AND AS A JUSTICE OF THE PEACE AND OF
THE QUORUM.

Mmon°rwhit- Resolved, That all the acts doue by Milton B. Whitney
ney as justice of as a justice of the peace within and for the county of

the peace, con- »j ", . , ■■ »/..t /^i,«- i.

firmed. Hampden since the twenty-faith day of March in the year

eighteen hundred and eighty-one, and all the acts done by
said Whitney as a justice of the peace and of the quorum
for all the counties since the first day of January in the
year eighteen hundred and eighty-two are hereby made
valid and confirmed to the same extent as though he had
been during said times qualified to discharge the duties of
said offices. Approved Jxme 3, 1884.

Chap. 76 Resolve concerning the state workhouse.

wTs'tboroUh Resolved, That the governor is hereby authorized at such

to be trans' tlmc Rs hc may deem expedient during the present year, to

workhouse'at Fcmovc fi'om the buildiugs now used as a state workhouse

Bndgewater. ^^ VVestborough to the buildings of the state workhouse at

Bridgewater all persons sentenced to said workhouse and

held therein under the authority of chapter two hundred

and seventy-nine of the acts of the year eighteen hundred

and eighty-three, and after the thirty-first of December

next the buildings at Bridgewater shall be the only place

of confinement for all inmates of the state workhouse ; and

chapter two hundred and seventy-nine of the acts of the

year eighteen hundred and eighty-three shall thereafter be

no longer in force. Approved June 3, 1884.

Chan. 77 Resolve in favor of the campello cooperative bank of brock-
ton.
Allowance to Hesolved, That there be allowed and paid out of the

Campello Coop- r i ^^ i,t t /-^ ii /"■ ••

erative Bank at trcasury ot the Comnioiiwcalth to the Campello Cooperative
Bank of Brockton, two hundred and six dollars and twenty-
nine cents, the same being the amount of taxes overpaid
by said bank in the years eighteen hundred and eighty-
two and eighteen hundred and eighty-three on account of
their neglect to make proper returns.

Aj^proved June 3, 1884.

Chap. 78 Resolve providing for repairs and improvements in the

STATE HOUSE AND AT THE COMMONWEALTH BUILDING

Repairs in state Resolved, That thcrc be allowed and paid out of the

nouse and ' *■ ,. .

at Common. trcasurv of the Commonwealth a sum not exceeding sixteen

wealth building. "^ ^

1884. — Chapteks 79, 80, 81. 393

.thousand three hundred dollars for the following purposes,
to wit : — Fifteen thousand two hundred dollars for certain
repairs and improvements in the State House, including
the purchase of a new engine, and eleven hundred dollars
for the purchase of fire extinguishers, awnings, and im-
provement of the grounds at the Commonwealth building,
said sums to be expended under the direction of the com-
missioners on the state house.

Approved June 4, 1884.

Resolve in favor of the child of the late john dohertt. QJiap. 79

Resolved, That there be allowed and paid out of the Allowance to
treasury to the child of the late John Doherty, member johnooherty.
elect from the seventh SutFolk representative district, the
amount to which said Doherty would have been entitled
had he served as a member to the end of the present ses-
sion. Approved June 4, 1884.

Resolve in favor of the brothers of the late james william QJiap. 80

FIN AN.

Resolved, That there be allowed and paid out of the ^j.'^°^^^''^®f*°
treasury of the Commonwealth to the brothers of the late james wiuiam
James William Finan, page of the house of representatives,
the sum of three hundred and twelve dollars, being the
amount said Finan would have been entitled to had he
lived to the end of the present session.

Approved June 4, 1884.

Resolve confirming the acts of jerome h. fiske as a justice (JJidp^ §1

OF THE peace.

Resolved, That all acts done by Jerome H. Fiske as a Acts done by
justice of the peace, between the thirtieth day of January FL™"asaju8.
and the second day of June in the year eighteen hundred confirm^edr^"^'
and eighty-four, are hereby confirmed and made valid to
the same extent as though he had been qualified during
that time to discharge the duties of a justice of the peace.

Approved June 4, 1884.

394

Amendment to the Constitution.

PEOPOSED AMEOT)ME]SrT TO THE CO]N"-
STITUTION.

^ndm°/ntto The following proposed Article of Amendment to the
the constitution Constitution of ttiis Commonwealth has been officially
proposed. certified and deposited in the Secretary's Department, as
required by chapter 2, sect. 32 of the Public Statutes, and
if agreed to by the General Court next to be chosen, in
the manner provided by the Constitution, must be sub-
mitted to the people for their ratiticatiou or rejection : —

Resolve to amend the constitution so as to provide fob
precinct voting in towns.

Resolved, By both Houses, that it is expedient to alter
the Constitution of this Commonwealth by the adoption of
the subjoined article of amendment; and that the said
article, being agreed to by a majority of the Senators and
two-thirds of the members of the House of Representa-
tives present and voting thereon, be entered on the
journals of both houses, with the yeas and nays taken
thereon, and referred to the General Court next to be
chosen ; and that the said article be published, to the end
that if agreed to in the I manner provided by the Consti-
tution, by the General Court next to be chosen, it may be
submitted to the people for their approval and ratification,
in order that it may become a part of the Constitution of
the Commonwealth.

Article of Amendment.
To provide The Gcucral Court shall have full power and authority

more than one 'Trj^i'ii- />i • \ • r^

place of meeting to proviac lor the inhabitants or the towns in this Com-
e°ectk.nVoffi- mouwealth more than one place of public meeting within
ConBUtuOon!"^ the limits of each town for the election of officers under

Amendment to the CoNSTiTUTioisr. 395

the Constitution, and to prescribe the manner of calling,
holding and conducting such meetings.

All the provisions of the existing Constitution incon-
sistent with the provisions herein contained are hereby
annulled.

Senate, May 28, 1884.

The foregoing Article of Amendment is agreed to, a
majority of the Senators present and voting thereon hav-
ing voted in the affirmative ; and the same is referred to
the General Court next to be chosen.

Geo. a. Bruce, President,

House of Representatives, May 29, 1884.

The foregoing Article of Amendment is agreed to, two-
thirds of the members of the House of Representatives
present and voting thereon having voted in the affirmative ;
and the same is referred in concurrence to the General
Court next to be chosen.

Geo. a. Harden, Speaker.

396

Resolutions.

RESOLUTIONS.

Disaster to the
steamship City
of Columbus.

Thanks of the
Q-eneral Court
for saving lives.

Resolution tendering the thanks of the general court to
people of gat head, to the officers and men of the
united states revenue steamer samuel dexter, and to

OTHERS.

Whereas, In the late disaster to the steamship City of
Columbus, conspicuous heroism was exhibited by those
who came to the rescue of passengers and crew, many of
whom were citizens of this Commonwealth ;

Therejore be it Resolved, That the thanks of the Senate
and House of Representatives in General Court assembled
be and hereby are tendered to the following persons who
manned the life boat and by whose brave exertions twenty
persons were rescued, to wit : Joseph Peters, Samuel J.
Haskins, Samuel J. Anthony, James F. Cooper, Moses P.
Cooper, John P. Vanderhoop, Leonard L. Vanderhoop,
Thomas C. Jeflfers, Patrick L. Devine, Charles Grimes
and Peter Johnson of Gay Head, and James T. Mosher of
Chilmark ; to the officers and men of the United States
revenue steamer Samuel Dexter, commanded by Captain
Eric Gabrielsen, under whose skilful direction, seconded
by the efforts of First Lieutenant Warrenton D. Roath,
Second Lieutenant John U. Rhodes, whose signal gallantry
is worthy of the highest praise, Third Lieutenant Charles D.
Kennedy, and by the intelligent conduct of Chief Engineer
Andrew L. Harrison, First Assistant Engineer Abram F.
Rockefeller, Second Assistant Engineer Charles W. Beck-
with, and Pilot Joseph Case, nine persons were rescued,
and the lives of those taken to the Samuel Dexter by the

Kesolutions. 397

Gay Head life boat preserved ; to those persons who
maimed the Squibnocket life boat, to wit : Edy C. Fland-
ers, Benjamin F. Mayhew, Edward Elliot Mayhew, William
S. Mayhew, Cyrus C. Look and Seth F. Walker, all of
Chilmark ; to Henry H. Jeffers, Raymond B. Madison,
Thomas E. Manning, Charles Stevens, Simon J. Devine
and John O. Anthony, of Gay Head, for daring and in-
trepid eflbrts to reach the floating life raft, on which were
four persons ; to Captain D. G. McRitchie of the United
States steamer Speedwell, and Hiram Luce of Tisbury,
a volunteer pilot on said steamer, by whose prompt exer-
tions one life was saved ; and to the women of Gay Head,
and others, whose humanity and tender care alleviated the
sufferings of the survivors.

The Secretary of the Commonwealth is directed to for-
ward an engrossed copy of this resolution to each person
named herein.

In Senate, adopted, Feb. 19, 1884.

In House of Representatives, adopted in concurrence, March

4, 1884.

Resolution relating to the repeal of so much of the in-
ternal REVENUE law OF THE UNITED STATES AS AUTHORIZES
the MANUFACTURE OF VINEGAR FROM ALCOHOL WHICH HAS
PAID NO REVENUE TAX.

WhereMS, The business of the citizens of the State of Manufacture of
Massachusetts engaged in agricultural pursuits has been aioohoi wWch
injured by the operation of the United States revenue laws iiTternai revenue
permitting the manufacture of vinegar from alcohol which ^^^'
has paid no internal revenue tax ; and

Whereas, The operation of said internal revenue law
gives opportunity to evade the tax on alcohol made and
sold as such ; therefore

Resolved, ^y the Senate and House of Representatives
of the Commonwealth of Massachusetts, that our senators
and representatives be and hereby are requested to use all
honorable means in their power to procure the repeal of
so much of the Hinendmeut to the United States revenue
laws, contained in section five, chapter one hundred and
twenty-five of general laws, passed by the 45th Congress
at the third session in the year eighteen hundred and
seventy-nine, as authorizes the manufacture of vinegar
from alcohol that has paid no internal revenue tax.

398 Resolutions.

Resolved, That the Governor of the Commonwealth be
requested to forward copies of the foregoing preamble
and resolution to our senators and representatives in Con-
gress.

In Senate, adopted, Feb. 26, 1884.

In House of Representatives, adopted in concurrence, Feb. 29,

1884.

Resolution relating to the revenue marine service of the
united states.

Revenue marine Resolved, That the Legislature of Massachusetts is fully

serviCG of tlie *•* ? o **

United States, impressed with the importance of the Revenue Marine and
the efficient and valuable service it has rendered to the gov-
ernment and to the ocean, lake and river commerce of the
country, as well as in saving the lives and property of
hundreds of those engaged therein ; and

Resolved, That as there is no provision of law whereby
those who may become disabled by age, injuries or other
cause in said service, may be retired, as is the case in the
naval and military service of the government, which in
the judgment of this Legislature should be remedied ;
therefore

Resolved, That it is the sense of the Legislature of this
Commonwealth that the bill (H. R. 4,483) now before
Congress, entitled "A Bill to promote the efficiency of
the Revenue Marine Service," is one which commends itself
to us as a wise and just measure, and one which we would
be glad to see the Senators and Representatives from the
State support.

Resolved, That a copy of the foregoing resolutions be
forwarded to the Senators and Representatives in Congress
from Massachusetts.

In House of Representatives, adopted, March 27, 1884.

In Senate, adopted in concurrence, April 1, 1884.

Resolution tendering the thanks of the general court to
keeper isaac g. fisher and creav op the peaked hill bar
life saving station, provincetown.

ThankBofthe Whereas, During the last week the schooners William

General Court tt-iito'i i-i t->ii

for saving lives JJ. Mailer and Robert L. bmith were wrecked upon reaked
Hill Bars, Proviucetown ; and ivhereas, in the rescue
of the passengers and crew, marked bravery and heroism

Acts and Resolves, Etc. 39^

were displayed by the keeper and crew of the Peaked Hill
Bar Life Saving Station ;

Therefore, he it Resolved, That the thanks of the Senate
and House of Representatives in General Court assembled
be and hereby are tendered to keeper Isaac G. Fisher, and
surfmen William W. Cook, James T. Fish, Samuel O.
Fisher, Edwin A. Wheldon, Edwin F. Smith, Benjamin
K. Kelley and Levi A. Kelley, who by their heroic ex-
ertions and at the imminent peril of their own lives rescued
from a watery grave ten citizens of the United States.

In Senate, adopted, April 23, 1884.

In House of Representatives, adopted in concurrence. May 1,
1884.

Resolutiox concerning the cape cod ship canal.

Resolved, That the Legislature of Massachusetts ear- capecodjawp
nestly commends to the Congress of the United States, and
especially to the Senators and Representatives of Mas-
sachusetts therein, the Cape Cod Ship Canal, now under
process of construction, as a work of great public import-
ance, commercially and otherwise, and as worthy co-opera-
tion and substantial assistance from the government of the
United States.

In Senate, adopted, June 4, 1884.

In House of Representatives, adopted in concurrence, June 4,

1884.

The General Court of 1884, during its annual session, passed three
hundred and thirty-three Acts and eighty-one Resolves, which re-
ceived the approval of His Excellency the Governor. In addition to
these, the following Acts, passed by the General Court, were laid
before the Governor for his approval, and returned by hira to the
branch in which they respectively originated, with his objections
thereto ; were reconsidered, agreeably to the provisions of the Con-
stitution, and the vote being taken on passing the same, the objec-
tions of the Governor to the contrary notwithstanding, they were
passed, two-thirds of the members present and voting thereon having
voted in the affirmative : —

An Act providing for the compensation of Members of the Legis-
lature. (Ch. 319.)

An Act authorizing the city of Boston to build a Pile Structure in
Charles River. (Ch. 327.)

400 Acts and Resolves, Etc.

The following Act, passed by the General Court, was laid before
the Governor for his approval, and returned by him to the branch in
which it originated, with his objections thereto ; was reconsidered
agreeably to the provisions of the Constitution, and the vote being
taken on passing the same, the objections of the Governor to the
contrary notwithstanding, it was rejected, two-thirds of the members
present and voting thereon not having voted in the affirmative.

An Act to supply the town of Watertown with water.

The General Court was prorogued on Wednesday, June 4, the
session having occupied one hundred and fifty-five days.

Governor's Address. 401

INAUGUEAL ADDRESS

HIS EXCELLENCY GEORGE D. ROBINSON.

At half-past twelve o'clock on Thursday, the third day
of January, His Excellency the Governor, accompanied by
His Honor the Lieutenant-Governor, the members of the
Executive Council, and officers of the civil and military
departments of the government, attended by a joint com-
mittee of the two Houses, met the Senate and House
of Representatives in Convention, and delivered the
following

ADDRESS.

Oentlemen of the Senate

and of the House of Representatives.

Your attention is first invited to a brief statement of
the financial affairs and condition of the Commonwealth.
Upon the several officers in charge in the different de-
partments I rely for the figures presented, so far as they
pertain to matters in their charge ; it is believed they will
be found substantially correct when the accounts for the
year have been closed.

THE PUBLIC DEBT.

There are no temporary loans to provide for, and there
has been no increase of the funded debt during the year.

Funded debt Jan. 1, 1883, $32,511,680 90

It has been reduced by the following

payments from the sinking funds,

viz. : Coast Defence loan , . . $877,000 00
Bounty Fund loan, .... 198,000 00

1,075,000 00

Funded debt Jan. 1, 1884, . $31,436,680 90

402

Governor's Address.

Scrip to the amount of $11,000 of the Coast De-
fence loan and of $2,000 of the Bounty Fund loan, now
outstanding, will be paid from the sinking funds, on
presentation to the treasury department. No further
instalment of the public debt will be due and payable
until 1888.

SINKING FUNDS.

Amount Jan. 1, 1883,

Reduced by payment of Coast De-
fence loan, $877,000

Reduced by payment of Bounty

Fund loan 198,000

Amount of Sinking Fund Jan. 1, 1884,
Increase

$16,944,263 05

1,075,000 00

^5,869,263 05
16,836,180 55

$966,917 50

COMPARATIVE RESULTS.

1883.

Ordinary expenses.
Exceptional expenses,

Deduct corporation and national
bank taxes returned to cities
and towns, ....

Actual expenses so far as ascer-
tained,

$1,715,613 20
5,182,844 01

$6,898,457 21
2,194,529 54

188a.

$1,702,929 56

5,058,184 34

56,761,113 90
2,275,892 99

$4,703,927 67 $4,485,220 91

ESTIMATES.

Payments for all purposes,
Receipts, including cash on hand,

Deficit,

1884.

$4,452,949 84
4,291,083 37

$161,866 47

1883.

$4,582,940 95
4,494,362 82

^,578 13

Of the appropriations made for public buildings in
1883, about $90,000 are unexpended. The whole amount,
it is expected, will be required to complete the work
already begun, and the amount will appear in the expense
tables for 1883, in the annual report of the auditor for
1884.

Governob's Address. 403

NEW YORK AND NEW ENGLAND RAILROAD.

Recent developments in the affairs of this road, and
especially pending proceedings in the courts, indicate that
legislation may be necessary to secure the efficient pro-
tection of the large interest which the Sinking Fund of
the Commonwealth still holds in its securities.

TROY AND GREENFIELD RAILROAD AND HOOSAO TUNNEL.

The contracts under which this property is operated
run till Oct. 1, 1887. From the manager I have obtained
facts and statements in anticipation of his annual report,
which will soon come to you, and which will have that
attention due to the importance of the subject.

Total income to the State for the year ending Sept. 30,

1883 $298,887 83

Operating expenses same period, .... 168,514 68

Net earnings, $130,373 15

No account is taken in this connection of the Southern
Vermont Railroad, which is under lease for a fixed rental
of $12,000 yearly.

Expended by manager in construction, same period, |285,615 2&
Balance on hand Sept. 30, 1883, unexpended, . . 142,957 95

Of the double track ordered by the Legislature, and
continued under several appropriations, ^5f^Q miles have
been completed and are now in actual use. The grading
on the remainder is well advanced, and it is expected that
the road-bed will be ready for the new track early in the
coming summer. No considerable expenditure has been
required in the tunnel during the year. The road-bed,
track, bridges, stations and other buildings are reported
in good repair. The manager's estimate of the necessary
operating expenses for the year ending Sept. 30, 1884,
is $182,900.

In the opinion of the manager, the sum of $65,878.05
is needed, in addition to appropriations already made, to
meet outlay necessary to be made, the details of which he
will present to you, and he recommends that the manager,
under the direction of the Governor and Council, be

404

Governor's Address.

authorized to use the earnings of the road, to the extent
of $66,000, for completing the double track.

The treasurer of the Commonwealth furnishes the
following memorandum : —

Memorandum as to Troy and Greenfield Railroad and
HoosAC Tunnel Loan.

Amount of Funded Indebtedness on this Account

Due.

1888— April 1,

Oct.
1889— July

$2,968,565 00
109,496 25

2,011,324 45
142,588 45
200,000 00
305,129 55
216,500 00

3,618,242 75
200,000 00
400,000 00
465,000 00
85,000 00
300,000 00

1,506,181 75

1,300,000 00
370,000 00

$14,198,028 20

Average due-date, 7 vears, 7 mouths, 2 daA's from Jan. 1, 1884,
Aug. 3, 1891.

1,
1,

Oct'. 1,
1890— April 1,

Oct. 1,
1891— April 1,

July 1,
1893— April 1,

July 1,

Oct" 1,
1894— April 1,

July 1,
1895— Jan. 1,

July 1,
1897— Sept. 1,

Sinking fund needed Jan. 1, 1884,
On hand, Jan. 1, 1884,

Deficiency, ....

$10,569,880 60
5,985,284 29

$4,584,596 31

It must be apparent that no probable increase of net
earnings will meet this deficiency, and therefore I submit
to you whether it is not wise to enter upon the accumula-
tion of the sinking funds, or in some other practicable
way to provide to meet the whole debt at its maturity,
avoiding, however, a sacrifice of the State's property, and
holding secure all benefits to the Commonwealth and its
inhabitants, guaranteed by the great investments already
made. The present fund, with its accumulations, will be
suflSicient to pay the instalments of debt maturing up to
and including April 1, 1891, and there will be $827,508.47
toward the instalment due July 1, 1891.

If an annual appropriation be made till the average due-
date (1891), it will require each year $668,691.48 above

Governor's Address. 405

the present sinking fund and its accumulations. The
computations are based on a four per cent, income, pay-
able semi-annually, which is as high as present indications
make probable. Postponement of action upon this ques-
tion will not only increase the yearly burden, but jeopard-
ize the interests of the state before a clamorous demand
for realization on the property on any terras.

CLAIMS AGAINST THE UNITED STATES.

Pursuant to a resolve of the last Legislature, Theodore
E. Davis, of Washington, D. C, has been appointed to
examine and prosecute, before any of the executive de-
partments of the United States government, certain
specified accounts and claims of the Commonwealth
against the United States, excepting any claim for reim-
bursement of interest paid by the State on its war loans.
I am informed by Mr. Davis that he has already filed with
the Secretary of the Treasury war claims, comprising
many accounts, and including the " Coast Defence Claim,"
aggregating to the amount of upwards of four hundred
thousand dollars, some portion of which it is expected
will be allowed by the accounting ofiicers of the tJnited
States, and be appropriated for by Congress during its
current session.

VALUATION.

The Secretary of the Commonwealth will lay before you,
at an early date, the annual abstract of polls, property,
taxes, etc., as assessed May 1, 1883. An increase in the
total valuation will appear to the amount of $47,083,638,
of which $36,586,927 is in real estate, and the remainder
in personal property. Polls, dwelling-houses and horses
have increased, while cows and sheep have decreased.

Compared with twenty years ago the exhibit of improve-
ment is the clearest refutation of the chaige that Massa-
chusetts is in the way of deterioration and decay.

Number of polls.
Total valuation,
Number of horses, .

" " cows, . . . t

" " dwelling-houses, .

The gain in the population of the State during the same

May 1. 1863.

may 1. 18S3.

275,758

498,828

$897,150,983

$1,731,297,061

89,228

149,289

158,905

169,879

183,528

291,991

406 Governor's Address.

period was about 45 per cent. From 1879 to 1883 the in-
crease in valuation is upwards of two hundred million dollars,
and the decline, which began in 1875, reached the lowest
point in 1879, and since then the advance has been steady
and sure, till the amount returned in 1873 is very nearly
approached, and the financial condition is far sounder and
healthier than then.

TAXATION.

The total tax for State, county, city and town purposes
for 1883 was $26,323,432, an amount greater than the
total for any other year except 1874. It needs no argu-
ment to show that nearly the whole of this burden results
from municipal action and not from assessment by the
General Court. The State tax for 1883 was $1,500,000.
It is not material to my present purpose to consider the
other sources of revenue that are drawn from to meet
State expenses. Though the State'tax in 1883 was half
a million dollars less than in 1882, the increase in the
total tax for all purposes was $232,518, showing that the
cities and towns laid taxes in the net amount of $732,518
greater than in the year before. Seventeen cities and 181
towns increased, and four cities and 144 towns decreased
their taxes. The highest rate was $35, and the lowest,
$4, on a thousand.

So long as the people vote large appropriations in their
city and town governments, whether prudently or other-
wise, they need not complain of the consequent burden,
or attribute their hardship to the extravagance of the
Legislature or the inefficiency of the Executive. Let me
not be misunderstood. I do not intimate that municipal
appropriations were excessive, for I know well that many
a town is taxing heavily to discharge its indebtedness, or
for roads and bridges, or the support of the schools or
relief of the poor. My aim is to fix the responsibility in
the right place.

There are but two methods of protection and relief
within your power; one, to limit the powers of cities and
towns in making expenditure ; the other, to devise eft'ect-
ive measures to uncover concealed property, and thus
increase the valuation. Exemptions from taxation give,
of course, only special aid to the favored interest or
property, and in fact impose a proportionately larger levy
on the remainder. Assuming that the right to all present

Governor's Address. 407

municipal powers and privileges will be jealously asserted
and maintained, I urge you to adopt such amendments to
existing laws as shall render it impossible for any person
or corporation to hide taxable assets from the assessors, or
to evade the just share of public burdens.

So far as it shall be within your power to prevent un-
necessary outlay, and to arrest extravagance and waste in
State affairs, to that extent you will be responsible for a
failure to accomplish retrenchment. For myself, I have
no hesitation in assuring you and the people of the State
that, whether in co-operation with you in the enactment
of laws or in the administration of the government, no
wastefulness shall be encouraged or knowingly permitted.

SAVINGS BANKS.

The statement to Oct. 1, 1883, is as follows : —

Number of banks, . . . ■ . . . . 168

Number of depositors, 812,955

Total of deposits, $252,607,593 02

Increase in number of depositors during the year, . 40,437

Increase in total of deijosits, during the year, . $11,296,230 53

The condition of the banks is generally satisfactory.
Owing to the gain in deposits, and to the scarcity of
other authorized securities, many banks have largely in-
creased their loans on personal security. In some banks
loans have been made to the same principal and sureties
to amounts exceeding twenty per cent, of the entire de-
posits. In one instance, severe embarrassment to the
bank followed. It seems to me that a limitation, say five
per cent, of the deposits, should be set to the loans on
personal security to the same principal and sureties.

AMENDMENTS TO THE CONSTITUTION.

By reference from the last Legislature, you will be
brought to consider a proposed amendment to the Con-
stitution, providing for biennial elections of State officers,
senators and representatives, and for biennial sessions of
the General Court. This question has long engaged the
earnest attention of the people, and it would seem to be
wise to submit it to their judgment. The conviction is
apparently growing that in regard to the elective officers
of the State, the summons to the ballot-box comes too

408 Governor's Address.

frequently, and that the welfare of the Commonwealth
does not require annual sessions of the Legislature " for
the redress of grievances, for correcting, strengthening
and confirming the laws, and for making new laws." If
the public good does not demand it, then so great an
expenditure of time and money as is now incurred legiti-
mately becomes a waste. The chief executive oflScers of
the towns — selectmen, overseers of the poor, road com-
missioners, and school committee — may have under
existing law a tenure of three years. County officers are
elected to terms of three or five years. I am not aware
that any complaint is made that by reason of such system
and practice popular rights or security are endangered, or
the people's trusts unfaithfully administered, or their
moneys squandered.

Throughout the United States, only Massachusetts and
Rhode Island choose all their chief State officers annually,
eighteen once in two years, two once in three years, and
sixteen once in four years. Thirty-two States have
biennial sessions of the Legislature. A careful and ex-
tended inquiry into the working of the system which now
so generally obtains throughout the country, demonstrates
the popular approval. If the pending article shall become
a part of the Constitution, our State elections will fall on
the days appointed for the choice of electors of president
and vice-president, and of representatives in Congress,
and the greater importance of the interests involved will
not fail to secure that general expression at the polls which
is essential to the effectiveness and permanence of our
institutions.

ELECTIONS.

Nothing is of more importance to a free commonwealth,
to secure its integrity and permanence, than good election
laws, and a wise and efficient regulation of the exercise of
the elective franchise. The late election was unusually
heated ; party and personal feeling ran high ; a surpris-
ingly full vote was polled. The intensity of the contest
revealed grave defects in the registration and election
laws ; they should be remedied without delay.

There is no adequate provision for compelling register-
ing officers to perform their duties. They should be
made liable to sure and heavy penalties if they refuse to
give proper opportunities for registration, or if they wil-

Governor's Address. 409

fully or carelessly register persons having no right to
the suffrage, or neglect to enforce thoroughly the legal
and constitutional tests, including that of reading and
writing. Instances of gross malfeasance in these respects
have been reported to me, and probably may have come
to the knowledge of some of you. In several of the
cities and towns too many voters are compelled to vote
at the same place, and in the same ballot-box. This
requirement causes dissatisfaction and embarrassment, and
endangers the honesty and correctness of the vote.
When the registered list is so large that the incidental
interruptions and delays, to say nothing of challenges and
necessary investigations, will retard the progress of voting
to that extent that legal voters are not able to reach the
ballot-box during the time the polls can be kept open, a
grievous wrong is permitted. Division into'precincts will
solve this difficulty.

These are some of the defects in our laws relating to
elections. Undoubtedly there are others that will occur
to you. I cannot urge too strongly the necessity of an
immediate and searching revision of the statutes. Every-
thing which thought and ingenuity can suggest to aid the
honest voter, and to guard the ballot-box against fraud
and error, should be at once embodied in our laws.

CIVIL SERVICE REFORM.

The State of Massachusetts has been honored by a civil
administration, honest and economical. Her record is one
of singular purity and efficiency. In fact, in the conduct
of her affiiirs generally, business principles have been
applied, and, as a rule, the offices filled by appointment
have been regarded as high public trusts, not subject to
the exigencies of party success. Good behavior, fidelity
and fitness have secured almost unlimited tenure in the
subordinate positions of the service. A statute that
would secure and perpetuate all that our experience has
demonstrated to be sound and successful policy, would be
most wise. The national government stands committed
to the destruction of the spoils system, and the State of
New York has enacted a very comprehensive bill, intended
to carry the reform into the departments of the govern-
ment of the State and the large cities. So long as the
present system in Massachusetts is adhered to, there is

410 Governor's Address.

always the threatening liability, both in the State and the
cities, that a chanoje in party control will force a radical
disorganization of the whole body of appointable officers,
so far as they may be within reach, and most serious
detriment occur to the public interests. The time has
come when the patronage of the State and the cities, and
the expenditure of the public money, shall not be
employed to accomplish or preserve party supremacy, and
when fitness, not favor, shall determine appointment to,
and continuance in, the service of the State or the city.
The question is well understood. Public sentiment is
intelligent and pronounced. You have only to agree
upon a practicable and efficient act to remedy these evils,
and my approval will speedily come.

MILITIA.

The entire strength of the militia allowed by the laws
now in force is 334 officers and 4,436 enlisted men. In
the service at the present time there are 305 officers and
3,587 enlisted men. The adjutant-general informs me
that the total amount of appropriations controlled by the
military department for the year 1883 is . $160,200 00

Total expenditures (including all contracts
to date, and a small amount estimated to
cover bills to come in) is about . . . $141,826 38

From the latter amount should be deducted
the expenditures on account of war records,
soldiers' messenger corps, etc., . . . 7,846 06

Leaving the actual expense, . . . $133,980 32

Condemned military property has been sold to the
amount of $7,406.31, from which the sum of $6, 729. 54
has been expended, under direction of the Governor and
Council, for new buildings at the camp ground. These
amounts do not enter into the statement already made.

There has been a reduction of incidental expenses
during the past year, and the saving applied to increased
supplies for troops, not raising the aggregate of all the
expenditures.

A high degree of efficiency and military knowledge has
been attained by the militia. Under special orders from
the Adjutant-General of the United States army, an officer

Governor's Address. 411

of the United States visited the encampments of the State
militia. His report of a recent date, giving in detail
the results of his inspection, furnishes most encouraging
approval.

In 1808, Congress appropriated $200,000 to be divided
among the States for the support of the militia, the portion
falling: to each to be drawn in kind from the ordnance
department. This amount of appropriation has been
made yearly and upon the same condition. For the year
1883, Massachusetts was allotted $6,200 as her share. The
importance of a well organized and thoroughly equipped
and disciplined force in every State is universally recog-
nized. The President, the Secretary of War and the
Adjutant-General of the army have again and again ad-
vised an increase of the appropriatiou ; it is hoped that
Congress will heed the general demand and also enlarge
the condition so as to allow requisition upon the quarter-
master-general's department.

Instruction in heavy artillery practice has been given
under the special assistance granted by Congress in the
Act of 1882. It is hoped that further privileges may be
secured from the United States in this department.

EDUCATION.

The annual report of the Board of Education will be
soon laid before you. It will be entitled to your careful
and intelligent consideration. No argument or demonstra-
tion is needed in support of the fact that the people of
Massachusetts have not, in any degree, abated their inter-
est in the cause of the education of the young. During
the year 1883 there was raised by taxation, for all common
school purposes, the sum of $5,499,717.83. Add to this
the income from funds and other sources, $313,468.19, and
you have a total of $5,813,186.02. This sum supported
6, '246 schools of the different grades, paying for the services
of 9,235 teachers, and affording instruction to 335,872
pupils, whose percentage of attendance was 88.72. All
the schools in the Commonwealth have been kept in opera-
tion the average time of eight months and nineteen days,
the law requiring for all grades below the high school only
six months. Thirty-seven cities and towns have supported
evening schools, having 11,112 scholars.

The law makes it the duty of every town containing five

412 Governor's Address.

hundred families or householders to maintain a high school,
to be kept ten months, at least, in each year, and any town
not having the stated number of families may provide such
a school. It is an interesting fact that seventy-five towns,
under no obligation by statute, but availing themselves of
the privilege, have maintained high schools during the last
year. Ninety per cent, of our whole school population
have the privileges of high school instruction. There can
be no more satisfactory proof that the people at large
throughout the Commonwealth, whether by their repre-
sentatives in the General Court, or by their own votes in
their municipal affairs, have an abiding confidence in a
school system that supplies not only the means of acquiring
the mere rudiments of learning, but, as well, the advantages
of the higher and more advanced studies, a^ affording the
best outfit for the responsibilities of citizenship. These
public schools, of all grades, bring into absolute equality
of opportunity all the children, with no regard to birth,
rank, color or condition, and constitute the hope for the
future well-being of the people.

In addition to the amount paid for public schools, as
already stated, Massachusetts expended, in 1883, for the
deaf and dumb, the blind, the idiotic, the children at the
State Primary School, the boys at the Reform School, and
the girls at the Industrial School, more than one hundred
and eighty thousand dollars.

Now, has this investment in educational enterprises of
upwards of six millions of dollars in one year paid an equiv-
alent of benefit to the people who have taxed themselves
to raise it? Reviewing the year's work, we may profitably
consider results, not to encourage exultation, not to claim
that no advance can be made, but to find the net balance
of profit or loss. It is believed by those who have given
attention to this subject — nay, it must be apparent to any
observer — that, making just allowance for the great influx
of ignorance poured into our population by immigration,
the progress in the general education, wider intelligence
and practical information among the whole people, has been
constant and gratifying. Indeed, statistics or deductions
therefrom, that seem to prove the failure of our school
system, are sure to be discredited as erroneous or super-
ficial.

Turning to the report of the United States Commissioner
of Education on the relation of average attendance and

Governor's Address. 413

enrolment to school population in the States and Territories
for 1880, you find that Massachusetts attains to 76 per
cent, and takes the highest rank, and that no other State
comes within 20 per cent, of that, except New Hampshire,
which stands at sixty-nine per cent. Comparing the cen-
sus of 1875 with that of 1880, it appears that while the
population of the State increased from 1,651,912 to 1,783,-
085, all five classes of illiterates, to wit, those ten years
of age and over who cannot read, those of the same age
who cannot write, the native born, the foreign born, and
the native-born illiterates born of Massachusetts parents,
decreased in numbers ranging from 1,855 to 11,236. To
the efficiency of the school system is the credit due for
such results.

Out of the whole population of 1,783,085 in 1880, only
severi'tentlis of one per cent, wer-e native-born illiterates,
less than that of any other people in the world. The for-
eign-born illiterates made nineteen and six- tenths per cent. ;
but four-fifths of the foreign-born illiterates were upwards
of twenty-one years of age. It may be safe to assume
that no one will hold the schools responsible for the ig-
norance of men and women born and reared in foreign
countries, or who never crossed the threshold of a Massa-
chusetts school-house.

The most promising field for improvement is in the
small towns ; they cannot make sufficient provision for
the highest success ; the large towns can. We need more
thorough, intelligent supervision, especially in the small
country towns. Whatever can be done to build up and
strengthen these struggling communities will bless the
State at large. More towns should avail themselves of
the statute authority to employ a superintendent, if not
alone, then in union with their neighbors. Apply this
system generally, and the benefits will quickly appear in
better teachers, improved methods of instruction, more
satisfactory- buildings and appliances, and an increased
attendance of pupils. The objection will be to the neces-
sary outlay, and I hope to meet it by suggesting the means
of accomplishment.

One half of the yearly income of the School Fund,
amounting to about $69,000, is apportioned and distrib-
uted in accordance with law, as appears in the following
statement :

414 Governor's Address.

Class 1. — 158 towns, valuation, one million or less, $200 each, $31,600
" 2. — 123 " valuation, more than one and not exceed-
ing three millions, $130 each, . . 18,450
" 3. — 26 " valuation, more than three and not ex-
ceeding five millions, $100 each, . . 2,600

" 4. — 19 " pro rata, about, 16,350

" 5. — 20 " and cities, receiving nothing.

f 69, 000

Consider the followinor scheme for distribution :

Class 1. — 85 towns valuation, under half a million, $300

each, 125,500

«• 2.— 73 " valuation, under one million $200 each, 14,600

" 3. — 123 " valuation, between one and three mill-
ions, $100 each, .... 12,300

" 4. — 45 " valuation, between three and ten mill-
ions, pi'o rata, about, .... 16,600

" 5. — 20 " and cities, over ten millions, nothing.

$69,000

Upon this plan, each of eighty-five towns that most
need assistance will receive one hundred dollars more than
now, while the amount deducted from the cities and
wealthier towns should be to them scarcely appreciable.
To your wise judgment I commit this subject.

AGRICULTURE.

The farmers of the State have had a fairly prosperous
year. They are always hard pressed by outside competi-
tion. They are not obtrusive in their demands upon the
Legislature ; and I am confident you will readily grant
them every practicable and just encouragement. Does
any one reasonably claim that our legislation has been
effective toward the agricultural interest, when the farmer
is so vexed and damaged in his attempts to pursue sheep
husbandry, — a very profitable industry in itself, — that he
must abandon it? From 1882- to 1883 the number of
sheep in the State decreased 2,620. Twenty years ago
there were 150,922 sheep; now there are only 62,780.
Under the license system a worthless cur enjoys practical
immunity in the whole Commonwealth, — terrorizing the
sheep owner, and causing destruction so serious that no
possible benefit to public libraries or schools can excuse
the tolerance the law gives him.

The subject of forestry is closely akin to that now under
discussion. Forest tires cause losses of several thousand

Governor's Address. 415

acres yearly. The destruction is not merely to standing
wood and timber, but to the fertility of the soil as well.
Besides, woods and forests are the best protection and
guaranty of our water supply, than which scarcely any-
thing is more important to communities densely populated
and largely engaged in manufactures. The springs and
streams contribute abundantly to wealth, power and
health. Water-courses are disappearing or greatly lessen-
ing in volume, and flowing with increasing irregularity.
Whatever the State can do to arrest further destruction
and loss will not be done too soon. A convention of dele-
gates from all sections of the United States assembled at
St. Paul in August last, and adopted resolutions which
will be communicated to the Governors and Legislatures
of all the States, urging united action toward the cultiva-
tion and preservation of forests. It is to be hoped that
the New England States will join in some measures that
shall be operative and efficient. Meantime, penalties for
gross carelessness and wanton mischief causing damage,
and for the lawless ranging and browsing of cattle, should
be provided. I submit to you whether it would not be
well to extend the tax exemption as now provided to
lands devoted exclusively to the planting and culture of
forests, under such restrictions and conditions as you may
deem wise.

The Agricultural Experiment Station has received ap-
propriations to the amount of $11,750, and proves to be
of great value and worthy of continued support.

I am assured by intelligent farmers and others conver-
sant with the facts that the Agricultural College occupies
a position of important and beneficial influence among the
educational institutions of the State. To those students
who have no taste for, or preparation in, classical training,
it supplements the high schools, and affords instruction
and discipline in all the advanced English branches,
teaching the science of agriculture, but not exclusively,
and promoting the liberal and practical education of the
industrial classes. I commend to your favorable consid-
eration all its reasonable needs, including the support of
free scholarships.

LABOR.

Fair wages and regular employment have been the rule
during the year just closed for those whose dependence is

416 Governor's Address.

on their manual labor. This is true of the occupations
generally. The laboring classes, so called, are attaining
every year to a higher stand of intelligence and thrift.
Under the liberal provisions of the public schools, the
laborer rejoices to see the pathway opened freely for his
child to any place of honor, trust and power that his fit-
ness may entitle him to fill. In Massachusetts the laws
are intended to be equal and just to all, irrespective of
social condition, and whenever wrong comes under legal
authority upon any class of the people, amendment and
relief should speedily follow. Hardship, trial and pov-
erty still darken many a home, and the great problem of
furnishing the individuals who compose the body politic
" with the power of enjoying in safety and tranquillity
their natural rights and the blessings of life " will never,
in the nature of things, and with an ever-shifting popula-
tion, be completely solved. Adventurers and visionaries
may try to set labor and capital in bitter hostility, stir up
bad blood among citizens, and divide all the people into
envious and antagonistic classes ; but they are only
instigators of mischief, and the greatest enemies to those
whom they profess to aid.

All the statutes relating to hours of labor, employment
and schooling of children, intimidation of laborers, and
kindred subjects should be strictly enforced. If they are
not expressive of the judgment of the people, let their re-
peal come regularly ; but so long as they form a part of
our body of laws, the paramount duty is to execute them.

Since 1879, cities have been required, at intervals not
exceeding seven days, to pay laborers who are employed
by them at a rate not exceeding two dollars a day, if such
payment is demanded. The condition might be made to
work a nullification of the statute, but I am not aware of
any instances. I beg leave to suggest to your candid con-
sideration whether it is not wise to give the principle em-
bodied in this law a wider application. Would it not be
better for the laborer at mere living wages to have his pay
weekly? The advantages are plain. Greater independ-
ence of action would result ; the cash system would prevail,
to the benefit of the seller as well as the buyer ; exposure
to the vexation and costs of collection suits would be sub-
stantially removed, and the lesson of economy be practi-
cally taught every day. Now, what are the objections ? It
is said that it is impracticable. But many of the largest

Governor's Address. 417

employers practise it regularly and satisfactorily. " The
wage-workers will waste their earnings in frequent de-
baucheries ; " but the every-day facts in all our communi-
ties, and the deposit accounts in the savings banks dis-
prove that. " The payments could not be made weekly
in the largest establishments ; " but we know it is so made
in many, and it is a fact that in the management of some
of the most extensive enterprises in the Commonwealth
the system has been adopted against the most vigorous
protests, and demonstrated its feasibility and justice. The
additional expense to the employer must be comparatively
insignificant. "• Why not leave this legulation to the
will of the contracting parties?" It has been left there,
and the evils and hardships are before us. It is, I submit,
always wise and salutary to devise legislation of such a
character as will reach the humblest and the poorest citizen,
who has no voice but his own to present his needs, — no
power in combination with others to emphasize his opinions.
Legislation of this character may be applied to corpora-
tions ; they are the chief employers of labor. Though the
subject is attended with difficulty, and its consideration
may arouse prejudice and opposition, still I am confident
that a statute of the character suggested will be promotive
of the general good.

STATE AID.

The limitation of time upon the payment of State aid to
cities and towns will be reached on the first day of January
next. I advise an extension of the authority for such
period as your judgment shall approve. Exceptional
cases of hardship that are not relieved under the general
provisions now in force, may be reached by special acts
without extending the laws to cover other classes of ap-
plicants.

HEALTH, LUNACY AND CHARITY.

The Legislature of 1879 accomplished a thorough re-
organization of the administration of the public charities,
— abolishing some boards, consolidating others, and
simplifying the whole system. Undoubtedly a considerable
saving in the operation of the official machinery was efiected.
The board of health, lunacy and charity, as then and now
constituted, consisting of nine persons, is given general
supervision over the State lunatic hospitals, the State

418 Governor's Address.

almshouse, the State workhouse, the State primary school,,
the State reform school and the State industrial school.
Other powers, ample and specific, are granted, enabling
the board to hold substantial control over those institutions,
and over other matters committed to it. The board also
takes cognizance of the interests of health and life among
the citizens of the Commonwealth, and acts as commis-
sioners of lunacy. Surely no board in this State ever
was entrusted with graver concerns and heavier responsibili-
ties. I am sure that most faithful, disinterested and
efficient service, without a dollar of compensation, has
been rendered by the members of that board, and they
are fairly entitled to the appreciation and gratitude of the
citizens of the State, and, most of all, of the poor unfortu-
nates whom the charities of Massachusetts support and
save.

The consolidation effected in 1879 was not brought about
without opposition from very wise and devoted persons,
many of whom, if not all, still believe that no satisfactory
work can be done until a separation is made, and there are
three boards, or commissions, instead of one. There is
an apparent incongruity in the present arrangement, it is
true ; but in many particulars the three branches are
closely allied, and may be harmoniously and effectively
worked together. It is not possible that each member on
such a board can be an expert in all the matters before it.
They must make investigations and reach results through
sub-committees ; and yet it is quite common in public
affairs to manage important interests in just this way.

I have been urged to recommend to you an abolition of
the board, and the creation of two or three in its stead.
But after much reflection and extended inquiry, I must
withhold that recommendation for the present. It is plara
that the adoption of the suggested plan would necessitate
payment of additional salaries and other outlay. Though
there is much in the propositions that I approve, still I am
persuaded that the people whose servants we are look with
suspicion and disfavor upon the needless multiplication of
boards, commissions and agencies, and approve the practice
of the strictest economy in their behalf. My own inclina-
tion at present would be toward a still further reduction
and simplification that would bring all our public institu-
tions more directly under the supervision of one board ;
but my experience and observation in the management of

Governor's Address. 419

so great trusts will not, in my judgment, justify me in rec- ^

ommending radical and sweeping changes.

Let the work of the board be searchingly scrutinized,
not only in its economical bearings, but as well in its
response to the demands of humanity and justice. Politi-
cal partisanship has no proper place in such an organiza-
tion, or in the examination and estimate of its transactions.
Whatever else we do, let us see to it that we keep politics
out of the charities.

I am reinforced in the conclusion already stated, in the
fact that unusual interest has been excited during the last
year in the official acts of the board, and in the conduct
and condition of the various institutions under its charge ;
and the report of the board, presenting their views and
conclusions, will attract extraordinary attention. It isbut
justice that we consider it. Moreover, a joint special
committee was created by your immediate predecessors to
investigate several of the institutions ; to consider plans
and theories ; to examine institutions in other States, and
to present their findings and conclusions to you. Their
report will undoubtedly give you valuable information and i

help.

1 desire to suggest that I fear there may be a tendency
to an unnecessarily large force of clerks, agents, assist-
ants, superintendents and employes appointed by the
board, under statute authority. May not the departments
of the out-door poor and the in-door poor be united^
saving the compensation of several persons, and in no
degree impairing the efficiency of the service? If you
agree with me, this retrenchment can be effected without #

difficult3^ It is probable that other savings can be ac-
complished, and in that direction I shall turn my atten-
tion, and now invite yours.

I ask your attentive consideration to the several reports
submitted by the boards of trustees. They speak from an
abundant observation and experience.

LUNATIC HOSPITALS.

There is an imperative demand for increased accommo-
dations for the insane. The hospitals are crowded, and
hundreds of inmates are compelled to occupy temporary
cots or beds in the corridors and upon the floors. I be-
lieve great economy of room is possible under a wise

420 Governor's Address.

system of classification, separating the harmless, the
criminal, and the dangerous, and under other improved
arrangements which professional knowledge and practical
experience will advise. Let us adopt any and every
reasonable expedient before we enter upon the construc-
tion of another hospital, or incur large expense in experi-
ments in one field or another to test a theory.

The financial afiairs of the hospitals are reported in ex-
cellent condition. The surplus accumulated at Taunton,
Worcester, and Northampton, has been increased ; while
at Dan vers, the treasurer's report shows a balance of
$1,172.14, so that the ten thousand dollars appropriated
for an anticipated deficiency has been added to the sur-
plus.

REFORM SCHOOL.

There were 103 boys in this school on the thirtieth day
of September last. Their ages ranged from six years
upward, and averaged 15^ years. The trustees have
again and again advised the reduction of the age at com-
mitment from 17 to 14 years, leaving older boys, gener-
ally the most hardened and desperate of criminals, to be
sentenced as other offenders of like character. These
older criminals are not only incorrigible, but they exert a
most pernicious infiuence over all their young associates.
Under the present s^'stem, the Westborough institution is
not a reform school in any reasonable sense. It is not a
school, but a nondescript prison, and it fails to bring
about the reformation of the inmates. There is a striking
concurrence of testimony and opinion that the school is a
failure, and that has been made the subject of official
communication by several of my predecessors. Why not
modify the law of commitment, as recommended by the
trustees, and provide for the transfer of the incorrigible
inmates to penal institutions? Then, with proper classifi-
cation and separation, supplemented by the practice of
probation, binding out, and individual treatment, the aim
of the founder of the institution may be realized in a
higher degree.

INDUSTRIAL SCHOOL.

The demand for the abolishment of this institution ap-
pears to be based solely on the fact that the average
number of girls there is small, being only from sixty-

Governor's Address. 421

seven to seventy-six during the last four years. No one
appears to doubt the helpful influences of the school and
of its system of auxiliary visitation ; but it is said to cost
too much. Who will estimate the value to individuals,
families and the State of those lives that have been made
honest, clean and beneticent under the ministration of this
charity ? It must not be overlooked that the system in
operation wisely accomplishes a depletion of the numbers
in the school. The aim is not to keep a full school, but
to save the girls ; and hence the plan of stopping the way-
ward girl even at the very threshold, or of transferring
her after her entrance, to the healthful atmosphere of a
good home, beyond the reach of a suggestion of her
former life, is most fruitful of good, and develops the
best purposes of charity. I would let Lancaster alone,
except so far as additional legislation may extend and
strengthen its influence, and gather in more whose steps
are downward. I would not send Lancaster to Sherborn ;
rather give the girls the benefit of every good association.
Nor should the Industrial school be placed at Monson.
The Primary school there is a gratifying success, and the
pupils should not be brought within any risk of contami-
nation.

REFOKMATORY PRISON FOR WOMEN.

During the year 1883, a new superintendent has been
in charge ; and pursuant to an Act of the Legislature,
the superintendent is also the treasurer and the steward
of the prison, a considerable saving being thus made.
Sept. 30, 1883, there were 261 prisoners in the institu-
tion. During the year 61 were recommitted, 32 of whom
were sent for drunkenness ; only 17 out of the 61 recom-
mitted had sentences of more than one year. The causes
of commitment, in general, appear to be oflences against
chastity and ofi"ences against public order, resulting from
excessive use of intoxicating liquors. For this reason
the best opinion favors lengthening the term of sentence
in order to secure the permanent efl'ect of an industrial
training, steady discipline and thorough physical treat-
ment. The commissioners have power, it will be remem-
bered, to mitigate any severity of sentence by releasing
upon probation. The commissioners will report that during
the past year 44 prisoners have been placed in domestic
service, having their wages to themselves, and that not

422 Governor's Address.

one of the number left her place, or so misbehaved as to
be returned to the prison, and 74 were released on per-
mits, and only four had their permits revoked. The
system proves to be beneficial in its results to individuals,
and effective in restraint upon others.

The net expense of the support of the prison for the
last two years has been as follows : —

1881-2, $47,518 66

1882-3, 54,666 16

Increase, $7,147 50

On the first day of the current month, the resignation
of Miss Barton, the superintendent was accepted, and a
successor appointed.

STATE PRISON.

A change in the wardenship of the State prison was
made last February. In the year 1881-2, the expendi-
tures at the prison exceeded the receipts by $22,092.16 ;
in 1882-3 the excess amounted to $36,467.87. This
increase of deficit is attributed by the commissioners
mainly to the diminution of the number of prisoners, and
hence of the receipts for labor. The average number of
convicts for the year is 611, the smallest number since
1873. Commitments have been gradually diminished
since 1878, though not uniformly throughout the State.
The system of overwork is still applied in the prison,
though against the objection of the commissioners, as I
understand their views. In some respects the present
system is a modification of that formerly practised, but
still it seems to be in conflict with the statutes of the
Commonwealth that require the constant employment of
the convicts for the benefit of the State. I discover no
need of legislation upon this subject, unless you desire to
authorize the practice. A water supply has been secured
under a contract with the town of Concord, and you will
need to provide for the payment of the expense.

The estimate of receipts and expenditures for 1883-4 is
as follows : —

Expense, $137,000

Income, 90,000

Expected deficiency, $47,000

Governor's Address. 423

DIVORCE.

In the forty-first annual registration report, the Secre-
tary of the Commonwealth has included abstracts and
tabular statements from the returns for divorces for the
four years 1879-82, and also the statistics of divorces in
this State during the last twenty years, and a history of
the legislation upon the subject. The array of fticts pre-
sented is most striking. Step by step greater facility in
obtaining a dissolution of the marriage bond has been
secured, the causes for full divorce have been increased
from two to nine, and the party against whom a
divorce has been granted may now, in all cases, after
two years, marry again, even in the face of a record of
shameless debauchery, brutality or profligacy. Consider-
ing the ratio of divorces to marriages or to the population
of the State, the increase in the number of divorces is
alarmingly excessive. The evil is so threatening, the
tendencies are so dangerous, that the protest of every
thoughtful person ought to be uttered against further de-
struction of the safeguards of the marriage contract, or of
domestic purity and integrity. It may be argued that the
evils that underlie society are becoming so flagrant that
liberal legislation is wise and salutary for the future com-
fort of those unhappily bound in marriage, and for the
welfare of the offspring from such a union ; but the law-
maker may well be very conservative in this direction.
Single instances of in6delity or hardship do not always
justify general enactments. Those who have closely
watched the course of legislation on this subject cannot
resist the conviction that many of the recent statutes
under which divorces are now so easy of attainment and
re-marriage unrestrained, have been pressed through the
Legislature, after repeated attempts, primarily and
principally to cover, it may be, but a single case. Relief
to one may suggest temptation and excuse for all. For
the credit of the State, in jealous regard for the sancity of
the home, in the interest of good morals and good order
in society, I trust you will not regard it your duty to make
still easier the abrogation of the marriage tie.

If in Massachusetts we maintain a healthy sentiment on
this subject, the influence will reach beyond her borders.
Uniformity in legislation in all the States is iu the highest
degree desirable. I submit to you to consider whether it

424 Governoe's Address.

would not be wise to inaugurate measures, by conference-
or otherwise, toward concurrence of action throughout the
country.

LIQUOR LAW.

The Act of 1875, to regulate the sale of intoxicating
liquors, as amended subsequently, continues in force.
Under the local option provisions, the will of the people
in the different municipalities is annually expressed for or
against the issuing of licenses. From the records in the
office of the Secretary of the Commonwealth of the votes
in 1882 and 1883, I present the following statement: —

1882.

1883.

Number of towns that voted for license,

" cities " "

" towns " against license,

. 266

253

" cities " "

The total number of votes "Yes" and "No" in the
State was —

Yea. Mo.

1882, 88,233 76,903

|1883, 94,094 82,505

For license fees the receipts for the Commonwealth
amount to —

1882, $646,715 93

1883, 837,108 30

While it is apparent that the affirmative vote exceeded
the negative in each year by nearly the same number, the
change of sentiment as thus expressed has been in the
cities against license and in the towns in favor of it.
Every county shows an increase in the amount of license
fees except Dukes and Nantucket, which returned none in
either year.

Unquestionably the sentiment of Massachusetts favors
the suppression of intemperence ; but there is an honest
difference of opinion as to the proper and practicable
method of dealing by statute with this most difficult
problem. Whatever may be the success or failure of any
measure of legislation to restrain or extirpate the evils of
drunkenness, no sensible, intelligent person can shut his
eyes to the misery, the ruin, the pauperism and the crime

Governor's Address. 425

that directly result from the excessive use of intoxicating
liquors. Under the present statutes the town or city
that declines to issue licenses holds the liquor traffic
within its borders under the most stringent prohibition ;
full powers of search and seizure are held by the officers,
and an oflfender becomes liable to the severest penalties of
fine and imprisonment. If there be found insuperable
difficulties in securing convictions in the courts, the reason
is obviously not in any weakness or inefficiency in the law,
but may be in the lack of sufficient evidence, in the un-
certainty always attendant upon jury trials in all criminal
cases, or in the loose notions or corrupt connivance of
some member of the panel. In many of the towns and
cities the vendors of intoxicating liquors have speculated
upon the chances of conviction, and estimated the com-
parative pecuniary and personal cost of obtaining a license
or of pursuing the business in violation of law and under
the risk of detection. Doubtless much of the apparent
inconsistency in the vote, and the subsequent activity in
the liquor trade, may be accounted for in this way in many
places. I misapprehend the judgment and temper of the
people of Massachusetts if they will be content with no
restriction upon the traffic in intoxicating liquors ; no one
openly advocates that immunity. The law should be
honestly enforced ; so much at least is demanded in the
interest of good order and reputable administration. The
same public opinion that controls law, that gauges the
efficiency of any legislation, also protests against lawless-
ness and the domination of the law breaker.

RAILROADS.

The Legislature of 1882 enacted a law to prevent dis-
crimination in freight rates by railroad corporations, affix-
ing a penalty for every violation ; later in the same ses-
sion the law was amended so as to be, in my opinion, of
no practicable force, and without any penalty for violation,
but preserving the title unimpaired. From most respon-
sible sources I am informed that most unjust discrimina-
tions in the rates of charges for freight-transportation —
favoring a monopoly here and ruining an enterprise there
— are made by some of the railroad companies in the State,
and that no statute authority is sufficient to restrain them.
The facts on which these complaints are founded will un-

426 Governor's Address.

doubtedly be laid before you and your thorough inves-
tigation and prompt action will be asked.

THE COURTS.

Relief to the Supreme Judicial Court will unavoidably
come from the recent act which conferred upon the
Superior Court original and concurrent jurisdiction in
equity. It may be deemed advisable to go further and
provide that certain matters in equity, as writs for the
redemption of mortgages or to foreclose the same, copart-
nership settlements, concerning waste and nuisance, be
heard and determined exclusively in the Superior Court.

Should you favor the removal of divorce causes from
the Supreme Judicial Court, I suggest the advisability of
a transfer to the Superior Court instead of to the Probate
Courts, It is very important to maintain a uniform
course of proceedings and decisions in all the counties,
and this could not be expected under fourteen judges,
each limited in his jurisdiction to his own county.

The urgent necessity of additional criminal terms of the
Superior Court in some of the counties will be brought to
your attention. It occurs to me to suggest that in several
counties where terms are held for criminal business solely,
these terms might be abolished and mixed terms substituted
and criminal business be transacted at some of the terms
now set for civil business. When the criminal courts are
held but once in six months a great hardship is imposed
on the persons charged with crimes who are ultin)ately
discharged by the grand jurors finding no bill, or by a
verdict of not guilty at the trial. It often happens that
such persons are in custody awaiting the action of the
grand jury nearly six months. A large expense falls on
the counties in the support of such prisoners. Speedy
trial is not only a right of the accused, but agreat gain to
public justice. Upon investigation you will certainly find
that in the convenience of the judges, in the diminution of
expenses of officers and jurors, and in various particulars
other advantages will result from the change.

INSOLVENCY.

Under our insolvent laws, persons of considerable
means and large indebtedness may secure a release ; but
unless a debtor owes $200 or more, and can pay the ex-

Goveris^or's Address. 427

penses of the proceedings and the fees of an attorney, he
is effectually deprived of the relief. The inference would
seem to be, the more hopeless the bankruptcy the more
encouraging the outlook. There are a good many of the
plain people who do not appreciate the justice of such a
system. England has provided for the settlement of
small bankruptcies in a very simple and almost inexpen-
sive way ; and it ought to be as possible in this State to
confer equality in these privileges upon the workingman
of scanty means as upon his employer, who may stand in
high repute for wealth.

The enactment of a proper law of the character sug-
gested will tend surely to bring one great benefit, namely,
the general practice of the cash system in the ordinary
transactions of every-day life.

It is true that the subject in its details is not free from
difficulties ; but if you are convinced that justice and good
policy demand action, you will not hesitate to grapple
earnestly and intelligently with the problem. Any plan
adopted should contemplate tribunals near the people, and
the most expeditious and direct methods of procedure.
Why may not the matters of small bankruptcies be deter-
mined by trial justices, and police, municipal and district
courts ? If it be said that this proposition is demoralizing
in its tendency, in that it may afford an easy escape from
just obligations, that objection lies against all insolvency
laws. It may be expedient to exclude from the operation
of the act debts already contracted, and to provide that
the act take effect at a future date.

THE CENSUS.

In accordance with constitutional and statute provisions,
the decennial census of voters, population and industries
must be taken in 1885. This work is bylaw placed under
the direction of the bureau of statistics of labor ; but every
census requires new legislation, and all laws bearing on
the next census should be enacted at this session, that
there may be ample time for careful preparation of blanks
and all the details of the enumeration.

SURVEY OF THE STATE.

1 have received a communication, which I will place in the
hands of any of your committees, from the topographer in
charge of the United States Geological Survey in this State,

428 Governor's Address.

in which he [informs me that at a moderate expense the
State can co-operate with the director of the survey and
secure the establishment and perpetuation of geodetically
determined points for future reference in land surveying.
The importance of the subject justifies its introduction
here.

Senators and Representatives:

Called, as we are, to serve the people in the most im-
portant concerns of government, let us consider that we
hold these high places of honor and responsibility, not for
personal distinction or for party advantage, but singly for
the best welfare of the State and all its inhabitants.

Special Messages. 429

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY III3

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives, Jan. 8, 1884.]

I have the honor to transmit herewith to the General
Court a report of the pardons granted in 1883, left with
me by my predecessor in office.

Geo. D. Robinson, Governor.

Jan. 2, 1884.

I have the honor herewith to present, in compliance
with chapter 50 of the Resolves of 1860, a report of the
forty-nine pardons issued by the Governor and Council
during the year of my administration just closing.

Benj. F. Butler.

No. 1. William H. Erwin. Convicted of man- Pardons,
slaughter, Supreme Court, Berkshire County, Oct. 13,
1876. Sentenced to twelve years in State Prison. Par-
doned Jan. 24, 1883, it appearing to the Governor and
Council, by evidence produced before them, that Erwin
acted in self-defence in committing the act for which he
was sentenced.

No. 2. Charles S. Whittier. Convicted of embez-
zlement. Supreme Court, Essex County, Oct. 24, 1878.
Sentenced to State Prison for six years. Pardoned Jan.
31, 1883, for the reason that he being in the last stages
of consumption, it was thought best not to continue him
longer in confinement. Died February 16, 1883.

430 • Special Messages.

Pardons. No. 3. Marion Grieve. Convicted of drunkenness

before Trial Justice Edwin C. Morse, Natick, Nov. 20,

1882. Sentenced to Reformatory Prison for one year.
Pardoned Feb. 7, 1883, it appearing that the writ of com-
mitment was issued through error, and that the sentence
was imposed under a misapprehension. ,_jg^l

No. 4. Nicholas Staples. Convicted of unlawfully
selling oleomargarine for butter, District Court, Lowell,
Dec. 18, 1882. Committed in default of payment of fine
of $100. Pardoned Feb. 14, 1883, on the ground that
the ofience did not justify the punishment. The justice
who imposed sentence recommended the pardon.

No. 5. Morgan O'Brien. Convicted of robbery, Su-
perior Court, Suflblk County, Nov. 18, 1879. Sentenced
to the State Prison for seven years. Pardoned Feb. 21,

1883, on account of the fact that the prisoner was then in
an advanced stage of consumption.

No. 6. Harris PoKEsKY. Convicted of breaking and
entering, Superior Court, Suffolk County, Jan, 15, 1883.
Sentenced to the State Prison for three years. Pardoned
Feb. 21, 1883, because of failing health, and the improb-
ability of his surviving if continued in prison.

No. 7. Sylvester S. Felch. Convicted of commit-
ting an abortion, Superior Court, Suffolk County, January
Term, 1882. Sentenced to the State Prison for seven
years. Pardoned Feb. 21, 1883, on account of the proba-
bility of speedy dissolution because of chronic Bright's
disease of the kidneys.

No. 8. James H. Donahue. Convicted of breaking
and entering, Superior Court, Middlesex County, July 8,
1880. Sentenced to State Prison for five years. Par-
doned Feb. 21, 1883, having lost the sight of one eye,
and was likely to become totally blind, in order that he
might have proper medical treatment with a view to re-
storing his sight.

'&'

No. 9. Daniel O'Brien. Convicted of breaking and
entering, Superior Court, Sufiblk County, Oct. 22, 1875.
Sentenced to State Prison for ten years. Pardoned Feb.

Special Messages. 431

21, 1883, because of the fact that the prisoner was in an Pardons,
advanced stage of consumption from which there was no
possibility of his recovery, or his survival more than a
very brief period of time. Died March 20, 1883.

No. 10. William Tracy. Convicted of robbery, Su-
perior Court, Middlesex County, Nov. 18, 1879. Sen-
tenced to State Prison for seven years. Pardoned March
7, 1883, on account of permanent disability resulting
from a wound inflicted b}'' an insane convict.

No. 11. Daniel Many. Convicted of breaking and
entering, Superior Court, Suffolk County, March Term,
1882. Sentenced to House of Correction for three years.
Pardoned March 2, 1883, because of failing health which
must soon result in death.

No. 12. Daniel Donovan. Convicted of breakinof
and entering and larceny, Superior Court, Essex County,
October Term, 1880. Sentenced to State Prison for four
years. Pardoned because of incurable physical ailment.

No. 13. James T. Edmands. Convicted of forgery,
Superior Court, Suffolk County, December Term, 1879.
Sentenced to State Prison for five and a half years. Par-
doned March 29, 1883, on account of his low physical
condition resulting from his confinement.

No. 14. James Dolan. Convicted of breakins; and
enteri»g, Superior Court, Middlesex County, March 4,
1881, and burglary, Superior Court, Bristol County, Dec.
17, 1880. Sentenced to five and three years in State
Prison. Pardoned March 30, 1883, the prisoner being in
an advanced stage of phthisis.

No. 15. Feedeeick W. Wyman. Convicted of for-
gery, Superior Court, Suffolk County, June Term, 1882.
Sentenced to two years in House of Correction. Par-
doned April 18, 1883, on recommendation of the justice
who imposed sentence, there being grave doubt as to his
guilt.

No. 16. Lemuel Bradford. Convicted of embezzle-
ment, Superior Court, Plymouth County, Nov. 20, 1880.

432 Special Messages.

Pardon*. Sentenced to House of Correction for three years. Par-

doned April 30, 1883, on account of his extreme age and
general debility, his sentence being nearly expired.

No. 17. Charles P. Stickney. Convicted of embez-
zlement, Superior Court, Bristol County, March 5, 1879,
and sentenced to the State Prison for the term of five
years. Pardoned May 7, 1883, to take effect thirty days
before the expiration of his term of imprisonment, to give
him in some degree the advantages of a law passed during
his confinement, shortening the term of imprisonment for
good conduct, by which act, if its provisions had extended
to the whole period covered by his sentence, the latter
would have been shortened more days than were remitted
to him by the pardon.

No. 18. John Gilbert. Convicted of rape, Superior
Court, Berkshire County, January 26, 1878. Sentenced
to State Prison for- fifteen years. Pardoned May 23, 1883,
because of evidence produced before the Governor and
Council sufficient to raise grave doubts as to Avhether the
crime of rape had been committed.

No. 19. Frances Atwood. Convicted of larceny, Su-
])erior Court, Middlesex County, March 11, 1879. Sen-
tenced to the House of Correction for six years. Par-
doned May 23, 1883, because of nervous prostration, and
a low condition of her sj^stem, which would probably
progress bej^ond recovery if the remaining year of the
sentence were enforced. ,

No. 20. Wm. L. Shannon. Convicted of larceny,
Superior Court, Sufiblk County, May Term, 1882. Sen-
tenced to House of Correction for three years. Pardoned
May 23, 1883, upon condition that he leave the Common-
wealth, because of aggravated physical ailment which
might prove fatal before the expiration of his sentence.

No. 21. George Rivers, alias Englehardt, alias
Robert J. Donovan. Convicted of breaking and enter-
ing, Superior Court, Middlesex County, October 30,
1882. Sentenced to the House of Correction for two
years. Pardoned June 13, 1883, the prisoner being hope-

Special Messages. 433

lessly ill with phthisis, the District Attorney who prose- Pardons,
cuted the case recommending the pardon.

No. 22. John Newton. Convicted of larceny, Su-
perior Court, Worcester County, December 29, 1880.
Sentenced to three years and nine months in the House
of Correction. Pardoned June 13, 1883, on condition
that he leave the State and remain away during the rest
of the term of his sentence, upon the statement of the
prosecuting officer that there was doubt about his guilt.

No. 23. Thomas Smith. Convicted of violating license
law, Superior Court, Norfolk County, Dec. 27, 1882.
Sentenced to House of Correction for six months, and
to pay a fine of $50.00 and costs. Pardoned June 13,
1883, upon request of prosecuting parties, he having
pledged himself to refrain from the sale and use of intox-
icating liquors during his natural life.

No. 24. Frank Gibbs. Convicted of breaking and
entering, Superior Court, Hampden County, Dec. 23,
1881. Sentenced to the House of Correction for two
years. Pardoned July 24, 1883, on account of the ex-
treme youth of the convict at the time of the commission
of the crime, and the influences of others upon him.

No. 25. Kimball Perry. Convicted of indecent as-
sault, Superior Court, Essex County, May 20, 1881.
Sentenced to the House of Correction for three years.
Pardoned July 14, 1883, for the reasons that the sentence
was deemed excessive by the prosecuting oflicer.

No. 26. Peter McGee. Convicted of assault, Su-
perior Court, Middlesex County, June 15, 1880. Sen-
tenced to the House of Correction for four years. Pardoned
July 28, 1883, because of the fact that was made mani-
fest to the Governor and Council, that the convict was not
of sound mind.

No. 27. William Bell. Convicted of breaking and
entering and larceny, Superior Court, Suffolk County,
January- Term, 1883. Sentenced to one year in jail. Par-
doned Aug. 16, 1883, the prisoner being very low with
phthisis, and the serving of the full term of his sentence,

434 Special Messages.

PardoDB. in the opinion of the Prison Physician, being likely to

shorten his days.

No. 28. Thomas O'Connors. Convicted for violating-
the license law, Superior Court, Middlesex County, June
20, 1883. Sentenced to three months in the House of Cor-
rection, and to pay a fine of $100.00 and costs. Pardoned
September 4, 1883, his term of sentence being nearly
ended, it being the opinion of the Governor and Council
that the sentence in the case was an excessive one.

No. 29. John Danahy, Jr., alias John F. Danahy.
Convicted of assault and battery, before Trial Justice
Hemmenway, of Hopkinton, July 13, 1883. Sentenced
to ninety days in House of Correction. Pardoned Sept.
4, 1883, ])ecause of his previous good character, and the
fact that he was, by reason of misapprehension on his part
and the influence of others over him, induced to plead
guilty.

No. 30. Michael Coady, alias Fitzgerald, alias
McCarthy. Convicted of larceny, Superior Court, Mid-
dlesex County, Oct. 27, 1882. Sentenced to two years
in the House of Correction. Pardoned September 4,
1883, because of failing health.

No. 31. John Sullivan. Convicted of adultery,
Superior Court, Hampden County, June 9, 1883. Sen-
tenced to House of Correction for two years. Pardoned
September 4, 1883, it being shown to the Governor and
Council that Sullivan was ill beyond recovery with tuber-
culosis.

No. 32. Timothy Kirby, alias Henry Haskell.
Convicted of breaking and entering, Superior Court,
Suffolk County, January Term, 1882. Sentenced to two
years in the House of Correction. Pardoned Sept. 12,
1883, in view of the feet that he was ill with consumption,
from which fatal results in a brief period of time were
apprehended.

No. 33. Philip Chandler, alias P. Eussell. Con-
victed of larceny from the person, Superior Court,
Suffolk County, June Term, 1882. Sentenced to House

Special Messages. 435

of Correction for three years. Pardoned September 12, Pardons.
1883, it being affirmatively shown to the Governor and
Council that the prisoner had borne an excellent character
previous to the act for which he was convicted, and that
he was not a criminal in the general acceptation of the
term. The sentence was also considered excessive.

No. 34. James El DRED. Convicted of larceny, First
District Court, Plymouth County, July 18, 1883. Sen-
tenced to one year in the House of Correction. Pardoned
Oct. 5, 1883, the fact being shown to the Governor and
Council that Eldred was weak-minded, and that his physi-
cal condition was one of debility.

No. 35. Charles Scott. Convicted of larceny, Su-
perior Court, Suffolk Count}^ November Terra, 1881.
Sentenced to the House of Correction for four years.
Pardoned Oct. 5, 1883, the prisoner being ill with con-
sumption, upon condition that his family remove him.
from the Commonwealth.

No. 36. TiMOTHr J. Lyons. Convicted of rape, Su-
perior Court, Hampden County, December Term, 1876.
Sentenced to State Prison for fifteen years. Pardoned
Oct. 5, 1883, upon evidence adduced before the Governor
and Council unattainable at the time of trial, sufficient to
raise grave doul)ts as to the guilt of Lyons of the crime of
which he was convicted.

No. 37. Thomas Hayes. Convicted of breaking and
entering, Superior Court, Essex County, Feb. 2, 1882,
and sentenced to the House of Correction for two and a
half years. Pardoned Oct. 5, 1883, that he might be
removed to a hospital, where he could have proper medi-
cal treatment for a severe disease of the eyes and eyelids.

No. 38. Nellie Pearson, alias Nellie Shaw. Con-
victed of extortion, July Term, 1883, Superior Court,
Sufiblk County, and sentenced to the House of Correc-
tion for two years. Pardoned Oct. 16, 1883, it appearing
that the prisoner was weak-minded.

No. 39. John Riley. Convicted of rape, Superior
Court, Bristol County, Oct. 18, 1882, and sentenced to

436 Special Messages.

Pardons. the House of Correctiou for three years. Pardoned Oct.

31, 1883, because of the fact that Riley was in an ad-
vanced stage of phthisis pulmonalis, there being a proba-
bility of speedy death.

No. 40. Stephen Hennessey. Convicted of breaking
and entering, Superior Court, Suffolk County, April
Term, 1881, and sentenced to State Prison for four years.
Pardoned Nov. 19, 1883, to take eflect at the expiration
of three years of his sentence, it appearing that the sen-
tence imposed was excessive.

No. 41. Bernard Boland, alias Richard Hughes.
Convicted of murder in the second degree, Feb. 13, 1873,
Supreme Judicial Court, Sufiblk County, and sentenced
to State Prison for life. Pardoned Nov. 20, 1883,
because of error of the Court in imposing sentence con-
trary to the provisions of chapter 215 of the Public
Statutes.

No. 42. William H. May. Convicted of robbery,
Superior Court, Worcester County, October Term, 1878,
and sentenced to State Prison for life. Pardoned Novem-
ber 29, 1883, because of the doubt in the minds of the
Governor and Council of the guilt of May.

No. 43. Ellen Duncan. Convicted of maiming, Su-
perior Court, Hampden County, December 26, 1882, and
sentenced to a term of ten years' confinement in the
Reformatory Prison for Women. Pardoned December
5, 1883, because it appeared by evidence produced before
the Council that it was impossible that she could have com-
mitted the crime in the manner it was alleged against her.

No. 44. Samuel B. Kennedy, alias White, alias
Harris. Convicted of setting fire to a building, Superior
Court, Middlesex County, February, 1867, and sentenced
to the State Prison for life. Pardoned July 18, 1877.
Convicted of larceny, Superior Court, Sufiblk County,
November Term, 1879. Sentenced to State Prison for
three years, which sentence expired July 2, 1882. Ken-
nedy was then remanded to the State Prison for the term
of his natural life for violating the conditions of his par-
don. Pardoned December 20, 1883.

Special Messages. 437

No. 45. Charles Potter. Convicted of adultery, raidona.
Superior Court, Essex County, January Term, 1883, and
sentenced to the House of Correction for two years and
three months. Pardoned December 20, 1883, because of
errors on the part of the prosecution at the time of trial
and conviction.

No. 46. William H. Porter. Convicted of larceny
and receiving stolen goods, Superior Court, Essex County,
November 1, 1877, and sentenced to State Prison for nine
years. Pardoned December 20, 1883, it appearing that
the sentence was an excessive one.

No. 47. Jairus p. Keene. Convicted of larceny,
Superior Court, Suffolk County, May Term, 1882. Sen-
tenced to the House of Correction for two years. Par-
doned Dec. 20, 1883, upon the recommendation of the
Board of Public Institutions and the probation officer,
there being, in the judgment of the Governor and Council,
circumstances tending to a mitigation of the offence.

No. 48. George H. Richardson. Convicted of mur-
der in the second degree. Supreme Judicial Court,
Worcester County, Dec. 19, 1882, and sentenced to State
Prison for life. Pardoned Dec. 20, 1883, it appearing to
the Governor and Council that the death was the result
of accident, and that Richardson was not therefore guilty
of the crime of murder in the second degree.

No. 49. John MoRAN. Convicted of murder. Supreme
Judicial Court, Suffolk County, Jan. 12, 1867. Pardoned
Dec. 21, 1883, it being the belief of the Governor and
Council that his case was not fully presented to the court
and jury through accident requiring change of counsel.

[To the Senate and House of Representatives, Jan. 14.]
I have the honor to acknowledije the receipt of a copy Troy and

.... ^ J n , ^ 1 u -• • c Greenfield Rall-

oi a jouit order oi ihe two branches, requestnig nuorma- roadandHoosao
tion as to what action, if any, has been taken by the ex- '^"°"®^'
ecutive under chapter 48 of the resolves of iho year 1883,
concerning certain claims upon the Troy and Greenfield
Railroad and Hoosac Tunnel. I desire to say in reply
that it does not appear of record that any action has been

438

Special Messages.

taken by the Governor and Council on the subject-matter
of said resolve

Rhode Island
boundary.

[To the Senate and House of Representatives, Feb. 26.]

I have the honor to transmit herewith the report of the
Commissioners on the Rhode Island Boundary, with plans,
engineer's field-book, vouchers of expenses, and other
papers.

It appears from the report that the commissioners have
completed the work assigned them, and that the governors
of Massachusetts and Rhode Island, in December last, in-
spected the same, and pronounced it satisfactory,

I invite your attention to the need of providing for the
payment of a just and proportionate part of the expenses
incurred in establishing the boundary line and setting up
monuments thereon.

Forestry.

[To the Senate and House of Representatives, Feb. 29.]

In ray inaugural address I discussed at some length the
subject of forestry and referred to the action of a con-
vention of delegates from all sections of the United States
held at St. Paul, Minnesota, in August last.

I have the honor to lay before you a communication re-
ceived by me from Honoiable George B. Loring, United
States Commissioner of Agriculture, accompanied with a
copy of the memorial adopted by said convention, and
invite your consideration of the suggestions therein con-
tained.

Death of Hon.
Charles R.
McLean.

[To the Senate and House of Representatives, April 14.]

It is with deep sadness that I announce to the legis-
lature the death of Hon. Charles R. McLean of Boston, a
member of the executive council from the third district,
at his home after a brief illness on the afternoon of
yesterday. Not alone the councillor district that called
him to the high public office, but as well the whole Com-
monwealth, sufl^ers the loss of an able, independent, up-
right, earnest and devoted servant, whose zealous concern
for the best interests of the people characterized his
words and acts.

[To the House of Representatives, April 15.]

Water supply Upou rcvisiou of the bill to supply the town of Water-
town with water, I deem it my duty to withhold my

Special Messages. 439

approval thereof, and therefore I return it, with a state- watei supply
ment of my objections, to your honorable body, in which °^ "* ^°"
it originated.

The bill authorizes the town by a majority vote to ac-
cept the act, and also to incur an indebtedness of two
hundred and fifty thousand dollars, payable within thirty
jears.

The legislature of 1875 expressed in a statute the gen-
eral judgment of the people in favor of regulating and
limiting municipal indebtedness, and the subsequent
enactment of the Public Statutes preserved the restric-
tions in the provisions of section 7, chapter 29, requiring a
two-thirds vote for the incurrence of any debt except for
temporary loans in anticipation of the taxes of the year
in which the debt is incurred and of the year next ensu-
ing. By section 18 of said chapter 29, originally enacted
in 1876, a city which at a meeting of its voters has ac-
cepted by a vote of two-thirds any act to supply said
city with water may, by a majority vote of each branch
of the city council, contract debts and issue bonds for
the purposes and to the extent authorized by such act.
This is the only amendment affecting the portion now in
point made to the original statute ; and but two other
propositions for a change have been brought to the con-
sideration of the legislature since 1875, and these were
rejected without a count. The policy of the Common-
wealth is indeed well settled.

I believe that the taxpayers in the towns and cities rely
with great confidence on the maintenance of these safe-
guards against unnecessary and extravagant expenditures,
and that if they be ignored or destroyed a most danger-
ous precedent will be established and serious consequences
become probable.

Referring to House document No. 175 of the current
session, I find that the committee on the judiciary, having
the bill in question under consideration by special refer-
ence, advised the House that the general laws, hereinbe-
fore cited, apply to any indebtedness authorized by a
special act unless there be express provision to the con-
trary ; and they further informed the House that since
the passage of the act of 1875 no exemption from the
operation of this general law has been granted to any
town.

It is evident that in the opinion of said committee, a

440 Special Messages.

for^wafe'rtown ^'^^'^'^ power to coiitiact permanent debts for water sup-
ply purposes depends, not upon the acceptance of the
special act in accordance with its terms, whether by a
two-thirds vote or by a majority vote, but upon the
authority of the general laws applicable thereto, unless
otherwise specifically declared in the special act. This
view of the law shows clearly that the special acts for
Taunton, Hingham and Middleborough, giving original
rights to take water, passed in 1875, 1876 and 1879,
respectively, are not in point to prove that the legisla-
ture has set aside the general rule. It will be found
further, upon examination, that the Hingham Water
Company was created in 1879, and given the right to take
the same sources that were granted to the town in 1876,
and under the later act a two-thirds vote is requisite to
enable the town to purchase the company's franchise. A
similar course has been taken with the town of Middle-
borough, as will appear by the terms of chapter 59 of the
acts of the present legislature.

My own careful investigation confirms the report made
by the committee. More than one hundred special water
acts have been passed since 1875, a full proportion of
which have become laws during the present session. The
statutes conferring upon fire districts, water supply dis-
tricts and other closely populated communities within
towns the power to furnish water, are not aflfected by
the general laws in force and for obvious reasons ; but
nevertheless, in nearly all these the two thirds vote is
required. So remarkable concurrence of judgment and
so repeated affirmations demonstrate that a departure
from the approved course is justifiable only upon the
clearest proofs of necessity.

I am unable to discover that the circumstances or
needs of Watertowu are exceptional to that degree that
a plain distinction can be made between it and the
other towns that have supplied themselves with water
in conformity with the existing provisions of law. The
committee on the judiciary, to whose report I have
called attention, state that from evidence introduced at
the hearing the inhabitants of Watertown "are practi-
cally unanimous in desiring a water supply, but that they
are so divided as to the proper source of such supply that
the act in question would probably prove nugatory unless
the town be authorized to accept it by a majority vote."

Special Messages.

441

The plain inference may reasonably be drawn that the Water enppiy

1 ij i. j.u*A i. c i.1, 4. for Watertown.

plan proposed does not serve the interests oi the town,
and that within the principle of the act of 1875 indebted-
ness should not be incurred to carry any such plan into ex-
ecution. Especially is this apparent when it is considered
that under chapter 199 of the Acts of 1875, extended by
chapter 239 of the Acts of 1879, the town of Watertown
obtained the right to take water from the Charles River at
any point within said town, the same source of supply
that is set apart in the pending bill, but the required two-
thirds vote was not secured in its favor. Besides, it is
common knowledge that in many of the towns one scheme
after another, requiring an increase of the permanent
debt, has been suggested and pressed to the utmost, but
failed to receive the necessary support, and subsequently
its impracticability or extravagance has been generally ad-
mitted. If to avoid a temporary inconvenience in one
instance the rule of safety is to be set aside this year, no
one can predict how soon it may happen that every safe-
guard will be broken down and municipal burdens become
intolerable.

But it is said that the town, by a vote in the ratio of
seven to one, declared in favor of petitioning the legis-
lature to give the majority the power to decide the ques-
tion, and that by such action the prevailing sentiment is
shown. A two-thirds vote is just as naturally to be
expected under such circumstances, and may therefore
be properly insisted on.

The whole number of voters in Watertown is stated to
be eleven hundred and forty-four. From a statement,
apparently authentic, which has been laid before me,
I discover that the decisions in the various town meetings
upon the several test questions have been made by votes
as follows : —

July 27, 1880
Nov. 16, 1880
Dec. 10, 1880
April 1, 1881
April 16, 1881
July 20, 1881
May 29, 1888
Nov. 30, 1883

Making due allowance for the ordinary indifference, it
is apparent that a very large proportion of the voters are

. 129

affirmative.

70 negative

. 248

242

. 195

. 201

137

. 252

278

. 223

104

. 387

291

. 140

22 "

442

Special Messages.

Water supply
for Watertown.

Portrait of

Cibarles

fiunmer.

not convinced that any of the several measnres proposed
demand their support.

The town of Watertown is certainly not deprived of all
relief if the pending bill shall fail to become a law. A
water company may be chartered, as in many cases has
been done, with your concurrence of action, and the town
be granted the right to take the property and privileges
of the company within a given time, when the feasibility
of its plan and the sufficiency of its supply and works
have been demonstrated by actual test to the satisfaction
of the town, and such a result cannot be deemed remote,
in view of the reported unanimity of desire on the part of
the inhabitants for a supply of water, and their readiness to
incur all proper indebtedness therefor. Other practicable
measures will be suggested to meet any real exigency.

Upon examination of the papers transmitted to me with
the bill, I fail to find in the report of the committee on
water supply any statement of facts or reasons pertinent
to a full understanding of the questions involved, and
diligent investio^ation of all other sources of information
fails to give me a satisfactory basis for agreement with
the legislature in the abandonment of the salutary and
conservative regulations heretofore so strictly maintained.

I am constrained, therefore, to lay the bill before the
legislature for reconsideration in the light of the objec-
tions stated.

[To the Senate and House of Representatives, April 28.]
I have the honor to lay before you the following copy
of a communication, which has been placed in my hands
by its authors : —

Boston-, April 23, 1884.
" To Eis Excellency George D. Robinson, Oovernor, etc., —

"Dear Sir: — The undersigned, on behalf of Mr. James
Wormley, of Washington, D.C., and at his request, hereb}- pre-
sent to the Commonwealth a portrait of the Honorable Charles
Sumner, Senator of Massachusetts in continuous service from
1851 to the time of his decease in 1874. The portrait was painted
in Washington in 1873-4 by Heniy Ulke ; and, with another
of similar character, simultaneously painted by the same artist,
is the last likeness of Mr. Sumner painted from life. It has
been placed in the State Library at the State House, subject
to the single condition that it shall always remain the property
of the Commonwealth of Massachusetts, and as such shall be
suitably preserved as a memorial of one of her illustrious states-

Special Messages. 443

men. In fulfilling the honorable duty assigned to us in this pre- Portrait of

Charles
Sumner.

sentation, it can scarcel}' be necessar}' to remind 3'our Excel-
lency of the long and steadfast friendship which existed
between Senator Sumner and Mr. Wormley, whom he highly
esteemed ; but we cannot omit to express our own appreciation
of the value of this noble gift and of the generous and tender
sentiments which have prompted its bestowal.
" We are, with great respect,

" Your Excellency's obedient servants,

"Alexander H. Rice.
Henry L. Pierce.
Edward L. Pierce."

Eeceiving this memorial gift in behalf of the Common-
wealth, I beg leave to place the same at your disposal for
such expression of acknowledgment as in your wisdom
may be deemed befitting ; and for such regulations as to
its care and custody as shall secure its preservation for
the people of the State and eflfectuate the high purposes
of the generous donor. In the records of the State and
of the Nation, the name of Charles Sumner stands well
advanced among the most conspicuous and honored ;
serving nearly a quarter of a century in the Senate of the
United States, he was the eloquent orator, the accom-
plished scholar, the incorruptible statesman, the fearless
champion of universal freedom and equal rights. In due
appreciation of the spirit which characterizes the pre-
sentation to the Commonwealth, let the portrait be
placed upon the walls of the State House, where it shall
commemorate the life and services of the great Sena-
tor, whom Massachusetts holds in tender and grateful
remembrance as one of her worthiest sons.

[To the Senate and House of Representatives, June 3.]

There has been laid before me a bill authorizing the ciiy of Boston
city of Boston to build a pile structure in Charles River, structure^n* ^
and, as it does not receive my approval, I return it to '*""'°°''"'
the Senate, in which it originated, for reconsideration.

The bill gives to the city of Boston without payment of
money or compensation of any kind a perpetual right to
occupy with a pile structure an area of tide water lands
in the Charles River, lying between the new Warren
Bridge and the bridge of the Fitchburg Railroad Com-
pany, containing 26,932 square feet, and having a market
value at the price recently received by the Commonwealth

Charles River.

444

Special Messages.

City of Boston
to build a pile
structure in
Charles River.

for similar grants in the immediate vicinity (seventy-five
cents per square foot) of $20,199« Other estimates fix a
much larger sum as its real value. This area is described
in the bill as " fiats," by which term might be understood
land lying between high and low water mark and ordi-
narily belonging to the owner of the adjacent shore : but
all of this area, as will appear by reference to official
charts of Charles River, is below low water mark and out-
side the harbor line established by law. It covers, in
fact, the main deep-water channel of the river, and the
entire area is tide-water land, the title of which is in the
Commonwealth.

Under section 3, chapter 313 of the acts of 1864 and
section 3, chapter 122 of the acts of 1865 as modified by
chapter 8 of the resolves of 1872, the receipts from sales of
public lands and flats, not specifically appropriated, are
pledged to the credit of the Troy and Greenfield Railroad
sinking fund, and all receipts under section 16 of chapter
19 of the Public Statutes are paid into this fund. The
need of securing all practicable additions to this fund to
provide for the payment of the debt at its maturity is so
clear and urgent that I forbear to enlarge upon it by way
of argument in this connection.

Under ordinary grants of this character the Public Stat-
utes, chapter 19, sections 14 and 16, require not only com-
pensation to be made for tide water displaced, but the
payment into the treasury by the grantee, for the rights
and privileges granted in the land of the Commonwealth,
of such sums of money as the governor and council shall
determine to be just and equitable. An exception is made
if the grant is to a city, town or county for a bridge con-
stituting a part of a public highway ; and under this ex-
ception the city of Boston has lately occupied, without
payment, for the new Warren Bridge over the Charles
River an area of 47,520 square feet of tide- water land of
the Commonwealth in excess of the area occupied by the
old bridge, the market value of which, at the price already
stated, would be $35,640.

The legislature has also in special cases made gifts of
public land for other public uses. More than two-fifths
of the Commonwealth's lands on the Back Bay were thus
devoted to public avenues, streets and ways, and nearly
one-seventh of the residue reserved for sale has been
donated to the city of Boston and to public institutions.

Special Messages. 445

It has been the custom in making such gifts to define the city of Boston
public uses for which the land was granted, and, expressly etructure^iE *
or by implication, to forbid the appropriation to other ^'^aries River,
uses. By chapter 222 of the acts of 1880, for example,
land on the Back Bay was donated to the city of Boston
for a public library, but on the express condition that the
land should be used only for that purpose, and that all the
citizens of the Commonwealth should have free access to
the library. By a still more recent statute, chapter 219
of the acts of 1883, the free use of certain land of the
Commonwealth was granted to the town of Florida for
public schoolhouse purposes, to continue so long as the
land was used for such purposes and no longer.

It may be said to be the settled policy of the Common-
wealth that the public lands are not to be granted for other
than public purposes, except upon fair and reasonable
compensation, and that in donating portions of the public
domain without such compensation for public uses, the
uses should be clearly defined in the grant. It would lie
diflScult to justify any other system of dealing with the
public lands of the Commonwealth.

The bill under consideration is open to the objection
that it gives a perpetual right to occupy with a structure
a valuable tract of public land, not only without compensa-
tion, but without prescribing any public or other use to
which it shall be appropriated. There is no restriction
which precludes the use of the structure for purposes of
gain, trade, business or profit, or any other purpose for
which private property may be used. And taken in con-
nection with the provisions of chapter 140 of the acts of
1883, this bill might serve to perfect an absolute title, or
lay the foundation to a claim for such a title to the land
in question, so that it could be conveyed by the city to
private parties for the purposes of trade or business. The
second section exempts not only from all liability to pay
for the grant under chapter nineteen of the Public Statutes,
but as well, with a single exception, from all the provis-
ions of that chapter, giving a general supervision and
control over structures in the tide waters of the Com-
monwealth. No reason appears for such exemption. Be-
sides, it can hardly be considered improbable that at some
future time the parcel of land described in the bill, or
some portion of it, may be required for the widening of
Warren Bridge, or for some other public use.

446

Special Messages.

City of Boston
to build a pile
structure in
Charles River.

In the absence of any apparent public exigency for this
donation of land, another serious objection to the bill is
the probable injury to the Charles River and to the harbor
of Boston which this additional obstruction may cause.
By reference to the report of the harbor and land commis-
sioners for 1882, it will be seen that they declare that the
location and character of the numerous bridges and other
structures which encumber the mouth and throat of the
Charles River have always been considered as seriously
objectionable and hurtful to the navigation interests of
Boston and the other cities and towns on its banks. The
gross amount of piling between the pier lines on either
side of the river from its mouth to the West Boston
Bridge is already more than forty acres. A recent survey
has shown that serious shoaling has occurred all along
this section of the river, and that the tidal currents of the
river and harbor are injuriously affected. The location of
the structure proposed in the bill is especially objectiona-
ble, because, as already stated, it extends across the deep
water of the main channel of the river at or near its nar-
rowest part. If the highway and railroad bridges which
cross the river are to be regarded as necessary obstruc-
tions, the importance of preserving the open water spaces
between these bridges from further encroachment cannot
be too strongly urged. Pressure has been and is likely
again to be made for the occupation of these spaces for
business purposes. The bill proposes to close one of
them, and could hardly fail to be urged as a precedent for
closing others.

Large sums of money have been expended by the Com-
monwealth, and much larger suras by the United States,
for the improvement and preservation of Boston Harbor.
Obstructions like that contemplated in this bill have been
uniformly protested against by those having official charge
of these works on the part of the State and the national
governments. It must be manifestly unwise for the legis-
lature to sanction further obstructions of this nature
except upon a clear and controlling public exigency,
which does not, in my opinion, appear from any of the
provisions of the present bill or from the undisputed facts
bearing upon the question under consideration.

Special Messages. 44T

[To the Senate and House of Representatives, June 3.]

The bill providinsr for the compensation of members of Compensation

1X--I 11 i-Ti- 1 • 1 • I °^ members of

the Legislature has been laid before me, and is herewith the legislature.
returned to the House of Representatives, in which it
originated, without my approval, in order that it may be
reconsidered.

In 1871 the pay of the members of the Legislature was
fixed by law at seven hundred and fifty dollars for the
regular annual session. By chapter 28 of the acts of
1876, enacted early in the session of that year, the
amount was reduced to six hundred and fifty dollars. A
still further reduction to five hundred dollars was made in
1879, when the whole subject of salaries and expendi-
tures was most searchingly investigated, and that limit
remains to the present day.

It may be safely assumed that every member of the
present General Court at the time of his candidacy and
election knew that the oflBce of senator or representative
was to be accepted with the understanding, if not under
the contract, that the service was expected by the people
upon the terms stated. It is not, indeed, to be questioned
or denied that the Legislature has like power to amend
this law as all others. So much authority may be fairly
held to be proper and necessary in view of extraordinary
and unexpected contingencies that may arise to prolong
the session beyond the usual length or to increase the la-
bors and burdens incident to the office. But no facts have
been brought to my knowledge that make the session of
the current year exceptional in these purticulars. Indeed,
the session of last year extended until the twenty-seventh
day of July — making the longest service on record, and
exceeding any other since 1874 by more than sixty days —
and that Legislature discovered no reason to provide for
an increase of salary for themselves or for their successors.
In no case, so far as known, did insufficiency of the salary
lead any one to decline a re-election or deprive the State
of able, experienced and efficient service.

In these very last days of the session, when the work
is completed and payment may have been made each
month of one hundred dollars on account of each mem-
ber's salary, thus covering the entire amount now author-
ized for the whole session, the proposition comes to add
one hundred and fifty dollars to the established com-
pensation. I cannot regard such an act under these

448 Special Messages.

Compensation circumstaiices (and I trust I may not speak without due

of members of -li' i \ . -, .

the legislature. Consideration and respect) as a wise and just exercise of
power. The Legislature and the governor, by concurrent
action within the limitations prescribed by the Constitu-
tion, are empowered to provide for their own pay as well
as for that of all other oflScers of the Commonwealth.
They may properly determine what shall be a fair
equivalent for the labor and responsibilities required in
their offices for the future. But I maintain that no safer
principle can be established than that they shall not
appropriate to their own use, except for most urgent
reasons, any money to apply on account of services
already rendered, upon terms well understood by them-
selves and by the people. Let me most respectfully
submit to you, that if you stand with me this year in the
maintenance of that security to public welfare, we shall
assuredly have the better coniSdence in the future when
we shall have relinquished the trusts of the people and
become constituents of those who shall hold our places.

Another consideration is pertinent, though less impor-
tant. No one will undertake the argument that even the
increased allowance granted in the proposed bill consti-
tutes adequate pay, viewed in the light of wages, for the
performance of the duties imposed on the members of the
Legislature. In the legislative branch of the government,
as is the rule in municipal aflairs and in the management
of great concerns by boards of trustees and commission-
ers, it has been the practice from the foundation of the
State to intrust important interests, for a limited period,
to men selected for their titness and disinterestedness, who
regard it somewhat a duty to undertake the public work
for the general good ; and when but a portion of their
time is required, and they have the unquestioned right to
determine the days and the hours of their session, to
avoid interruption and disturbance of private interests,
too great a sacrifice does not seem to be demanded. Ex-
perience confirms this view. It has not been unusual for
members to absent themselves for days and weeks, pre-
sumably in attention to private concerns, necessitating
postponement of the public business and prolonging the
session, but not recognizing any obligation to make de-
duction from the compensation because of absence. I am
not aware that a difierent practice in this respect has pre-
vailed during the present year.

Special Messages. 449

To pay the compensation of members under the pro- compensation

., ^ ''/,.,, ^ t . .1 c I Tj ofmerabersof

Visions oi existing laws requires the sum ot one nundrea the legislature.
and forty-one thousand dollars. If the increase for each
member from five hundred dollars to six hundred and
fifty dollars and the other allowances as stated in the bill
under consideration are to be made, forty-two thousand
three hundred dollars more must be paid from the
treasury, an amount formhig no inconsiderable portion of
the tax laid directly upon the people this year for State
purposes. Considering the general depression of business
now prevailing, the reduced rates of wages that labor
commands, the uncertainty and anxiety felt on every
hand for the industrial and financial prospects of the year
next before us, I trust you may not deem it unnecessary
or unbecoming in me to urge all reasonable economy in
the public expenditures. The people will not fail to re-
gard that service acceptable which makes upon them no
unusual exactions. Declarations and professions in behalf
of economy may serve a temporary purpose, and when
put in well-rounded periods in party platforms may out-
last the day of their utterance ; but I am assured you
yf\\\ agree with me that an actual saving of money needs
no argument to prove sincerity of purpose.

Had the bill been drawn to take effect at the beginning
of the next year, there would be very much less ground
for objection. Then the matter could be generally dis-
cussed, and be put in issue in the coming election, and a
fair judgment of the people be had on its merits.

I regret that I am unable to concur with you in the
enactment of the measure in question, especially as it
touches most directly your individual interests. But upon
careful reflection I fail to see how I can escape the respon-
sibility imposed upon me by the Constitution, in the
revision of this proposition, as of all others submitted
to me.

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THE

CIYIL GOVERNMENT

(Eommontxjcaltl) of iHassacljusetts,

AND OFFICEKS IMMEDIATELY CONNECTED THEREWITH
FOR THE POLITICAL YEAR

1884.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCY

GEOKGE D. ROBINSON,

Governor.

Edwin A. Grozier Private Secretary.

Edward F. Hamlin Executive Clerk.

his honor

OLIVER AMES,

Lieutenant-Governor.

COUNCIL — (By Districts).

1. — JONATHAN BOURNE New Bedford.

IL— NATHANIEL WALES Stoughton.

IIL— JOHN HASKELL BUTLER*. . . Soraerville.

IV. — PATRICK MAGUIRE Boston.

v.— ROBERT TARR Gloucester.

VI. — CHARLES S. LILLEY Lowell.

VII. — EBEN A. HALL Greenfield.

VIIL — ZENAS CRANE, .Tr Dalton.

HENRY B. PEIRCE,

Secuetaht op the Commonwealth.

Henry .1. Coolidge, 1st Clerk. Isaac H. Edgett, 2d Clerk.

George G. Spear, Jr., 3d Clerk.

DANIEL A. GLEASON,

Treasurer and RECErvER-GENERAi.
John Q. Adams, 1st Clerk. George S. Hall, 2d Clerk.

CHARLES R. LADD,

Auditor of Accounts.
William D. Hawley, 1st Clerk. Edward S. Davis, 2d Clerk.

EDGAR J. SHERMAN,

Attorney-General.
Harvey N. Shepard .... Assistant Attorney- General.

* Elected by Legislature April 29, In place of Charles R. McLean of Boston, deceased
April 13.

LEGISLATIVE DEPARTMENT.

GENERAL COURT:

Arranged in Accordance with the District Revision of 1876.

SENATE

President — GEORGE. A.

BRUCE.

District.

Name of Senator.

Residence.

First Suffolk,

Charles A. Campbell,

Chelsea.

Second "

Ezra J. Trull, .

! Boston.

Third

Owen A. Galvin,

Boston.

Fourth "

1 John F. Andrew,

Boston.

Fifili

Cornelius F. Cronin,

Boston.

Sixth "

Albert E. Pillsbury,

Boston.

Seventh "

Charles Whittier,

Boston.

Eighth "

George L. Burt,

Boston.

First Essex,

John R. Baldwin,

Lynn.

Second "

William Sparhawk,

Marblehead.

Third

Isaac A. S. Steele,

Gloucester.

Fourth "

' Albert Curriei-, .

Newburyport.

Fifth

Edwin Bowley,

Haverhill.

Sixth

1 James O. Parker,

Methuen.

First Middlesex,

George A. Bruce,

i Somerville.

Second "

David Randall,

Waltham.

Third

1
Henry H. Gilmore,

Cambridge.

Fourth "

; Walter N. Mason,

Natick.

476

Senate.

i)i8trlct.

Name of Senator.

Residence.

Fifth Middlesex,

George W. Sanderson,

Littleton.

Sixth

Onslow Gilmore,

Stoneham.

Seventh "

John H. Morrison,

Lowell.

First Worcester,

John D. Washburn, .

Worcester.

Second

Charles E. Whitin, .

Northbridge.

Third

Charles A. Denny, .

Leicester.

Fourth

Thomas P. Root,

Barre.

Fifth

Edward P Loring, .

Fitchburg.

Hampsliire,

Alvan Barrus, .

Goshen.

First Hampden,

William R. Sessions,

Hampden.

Second

Albert C. Wood worth.

Chicopee.

Franklin, .

Rufus Livermore,

Orange.

North Berkshire,

S. Proctor Thayer, .

North Adams.

South

Herbert C. Joyner, .

Gt. Barrington.

First Norfolk, .

William A. Hodges, .

Quincy.

Second "

Edward I. Thomas, .

Brookline.

First Plymouth,

Peleg McFarlin,

Carver.

Second "

Horace Reed,

1 South Abington.

First Bristol, .

Frederick L. Burden,

Attleborough.

Second "

Frank S. Stevens,

Swanzey.

Third

Charles S. Randall, .

New Bedford.

Cape,

Howes Norris, .

Cottage City.

STEPHEN N. GIFFORD,
EDMUND DOWSE,
O. F MITCHELL,

Clerk.

Chaplain.

Sergeant-at-Arms.

House of Kepkesenta'i^ives.

477

HOUSE OF REPRESENTATIVES.

.SpeoAw — GEORGE A. HARDEN.

COUNTY OF SUFFOLK.

Town or Ward,

Name of Representative.

1st, 1 Boston, Ward 1,

2d, ' Boston, Ward 2,

3d, Boston, Ward 3,

4th, Boston, Ward, 4,

5th, Boston, Ward 5,

6th, Boston, Ward 6,

7th, Boston, Ward 7,

8th, I Boston, Ward 8,

9th, ' Boston, Ward 9,

lotli, Boston, Ward 10,

11th, I>oslon, Ward 11,

12th, Boston, Ward 12,

l;)th, Boston, Ward 13,

Uth, Boston, Ward 14,

Jesse M. Gove,
Peter Morrison,

Daniel F. Kelly,
Michael J. Dolan,

George A. Sanderson,
Patrick T. Barry,

Oliver Prime,. ,

Philip J. Doherty,
John R. Murphy,

/ James Tarone,
\| William Daly, Jr.,

f John A. McLaughlic
\ Dominick J. Harkint

f Thomas C. Butler,
\ Patrick D. Dwyer,

J George L. Clark,
\ Julius C. Chappelle

J Jacob A. Dresser,
\ 1 Prentiss Cummings

Roger Wolcott,
Edward P. Wilbur

Edward J. Fossitt,
John R. Farrell,

John J. Maguire,
Francis O'Brien,

Edward F. Hoynes
Hoi'ace L. Bowker

Boston.
Boston.

Boston.

Boston.
Boston.

Bo.ston.
Boston.

Boston.
Boston.

* Elected March 11, in place of John Doherty, who did not qualify ; deceased Feb. 8.

478

House of Representatives.

COUNTY OF SUFFOLK— Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

15th,

Boston, Ward 15,

Michael J. Creed, .
Henry E. Hosley, .

Boston,
Boston.

16th,

Boston, Ward 16,

Joseph H. O'Neil, .
James Donovan,

Boston.
Boston.

17th,

Boston, Ward 17,

John Q. A. Brackett,
Charles C. Coffin, .

Boston.
Boston.

18th,

Boston, Ward 18,

Albert T. Whiting, .
Alanson W. Beard,

Boston.
Boston.

19th,

Boston, Ward 19,

John J. Madden, .
Patrick F. Devney,

Boston.
Boston.

20th,

Boston, Ward 20,

John A. Coflfey,
John E. Ward,

Boston.
Boston,

21st,

Boston, Ward 21,

Halsey J. Boardman,
Samuel G. Davis, .

Boston,
Boston.

22d,

Boston, Ward 22,

Michael J. Killion, .

Boston.

23d,

Boston, Ward 23,

William H. Spooner,
George A. 0. Ernst,

Boston,
Boston,

24th,

Boston, Ward 24,

Edmund F. Snow, .
John Pierce, .

Boston,
Boston,

25th,

Boston, Ward 25,

Charles L. Randall,

Boston,

26th,

CChelsea,Wds.l,2,3,4^
i Revere, . . A
{ Wiuthrop, . .J

D. Frank Kimball, .
Simeon Butterfield,
Albert S. Burnham,

Chelsea,
Chelsea,
Revere.

COUNTY OF ESSEX.

1st,

f Rockport,

\ Gloucester, Ward 7

George Elwell,

Rockport,

2d,

/ Gloucester, Wards \
\ 1,2,3,4,5,6, ./

Frank H. Gaflfney, .
Erastus Howes,

Gloucester.
Gloucester.

( Gloucester, Ward 8

3d,

Essex,
1 Manchester, .
1^ Hamilton,

Wm. A.Homans, Jr.

Gloucester.

House of KEPJtESKNTATJVEs.

COUNTY OF ESSEX — Continued.

479

4th,
5th,
6th,

7th,

8th,
9th,

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17th,

18th,

Town or Ward.

rWenhara, . . "^
\Danvevs, . ./

Beverly, .
Salem,Wardsl,i',5,|

Salem,Wards3,4,6,/

f Marblehead, . . "i
\ Swampscott, . . /

Lynn, Ward 3,

Lynn, Wards 1,2,4

5, 7,
Nahant, .

Lynn, Ward 6,

Peabody,

( Saugus, .
J Lynnfield,
J Middleton,
[Topsfield,

f Andover,

\ North Andover,

(Boxford, .
Rowley, .
Ipswich, .

(Newbury,
Newburvp't, Wards
1,2, 3^,5, 6,

{Georgetown, .
Groveland,
Bradford,

( West Newbury,
j Salisbury,
j Amesbury,
I \^Merrimac,

Name of Representative.

Andrew H Paton, . Danvers.

John I. Baker,

Robert S. Rantoul, .
Edward Collins,

Edmund B.Willson,
Timothy Bryant,

Samuel Roads, Jr., .
Isaac Atkins, .

Frank W. Jones, .

William R. Melden,
Patrick S. Curry, .
Geo. W. Littleheld,

Joseph E. Tarbox, .

Aaron F. Clark,

O. Loring Carleton,

Frank W. Frisbee, .
Frederic Willcomb,

Henry M. Cross,
George P. Bishop, .

Simeon T. Peakes,

John L. Cillcy,
John B. Judkins,

Beverly.

Salem.
Salem.

Marblehead.
Marblehead.

Lynn.

Lynn.
Lynn.
Lynn.

Lynn.

Peabodv.

Middleton.

No. Andover.

Ipswich.

Newburyport.
Newburyport.

Georgetown.

Salisbury.
Merrimac.

480

House of Representatives.

COUNTY OF ESSEX — Continued.

I'jth,

20th,

21st,

Town or Ward.

Name of Bepresentative.

C Haverhill, Wards 1,'\ Calvin Damon

^ 2, 3, 4, 5, 6, .
[ Methuen,

/ Lawrence, Wards 1.
\ 2,3,

f Lawrence, Wards 4,

\ 5, <;,

Charles H. Flint, .
Franklin Saunders,

EdwMF.O'Sullivan,
Henry P. Danforth,

John H. Stafford, .
Richard T. Butler, .

Haverhill.
Haverhill.
Methuen.

Lawrence,
Lawrence.

Lawrence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

2d,

3d,
4th,
oth,

/ Cambridge, Wards \
\ 1,5, . . ./

(Cambridge, Wards!
2,4, . . .{

Cambridge Ward 3,
Somerville, Ward 1,
Somerville, W^ard 2,

6th,

J oonieiviiie, w :
\ 3,4, . .

7th,

Medford,

th.

f Maiden, Wards
{ 3, 4, 5, 6, .
(^ Everett, .

9th,

Melrose, .

10th,

Stoneham,

nth,

Wakefield, .

12th,

( Reading,

^ North Reading,

(Wilmington, ^.

13th,

Woburn, .

14th,

r Arlington,

\ Winchester, .

1,2

Wm. A. Bancroft, .
Chester W. Kingsley,

George C. Bent,
Geo D. Chamberlain,
Lewis W. Howes,

Jere. W. Coveney,

Elijah C. Clark,

John M. Woods,

Joseph W. Bailey,

Joshua T. Foster,

Joshua H. Millett,
George E. Smith,

Wingate P. Sargent,
George Cowdrey,
Robert Blyth, .

Horace G. Wadlin,

Thomas Salmon,
John H. Hardy,

Cambridge.
Cambridge.

Cambridge.
Cambridge.
(Cambridge.

Cambridge.

Somerville.

Medford.

Maiden.
Everett.

Melrose.

Stoneham.

Wakefield.

Reading.

Woburn.
Arlintrton.

House of Kepkesentatives.

COUNTY OF MIDDLESEX— Continued.

481

District.

Town or Ward.

Name of Representative.

Residence.

16th,

( Watertown, .
\ Belmont,

}

Francis E. Whitcomb

Watertown.

16th,

/ Newton, Wards 1,2
\ 3,4,5,6,7, .

{

Charles C. Burr,
Thomas Weston, Jr.

Newton.
Newton.

17th,

Waltham,
f Lexington,

Robert T. Paine, Jr.

Waltham.

18th,

J Burlington,
\ Bedford,
1, Billerica,

•

George R. Cobb,

Billerica.

19th,

TTewksbury, .
J Chelmsford,
1 Tyngsborough,
\_Dracut, .

1
\
J

Elisha H. Shaw, .

Chelmsford.

20th,

Lowell, Ward 1,

Dennis J. Crowley,

Lowell.

21st,

Lowell, Ward 2,

John T. Donehue, .

Lowell.

22d,

Lowell, Ward 3,

John J. Mead, .

Lowell.

23d,

Lowell, Ward 4,

Charles D. Starbird,

Lowell.

24th,

Lowell, Ward 5 ,

George L. Huntoon,

Lowell.

25th,

Lowell, Ward 6,
f Concord,

George A. Marden,

Lowell.

26th,

J Acton,
1 Carlisle,
^^ Lincoln, .

r Weston, .

1
1

Henry J. Hosmer, .

Concord.

27th,

J Wayland,
^ Sudbury,
\^ Maynard,

Rufus H. Hurlburt,

Sudbury

28th,

Natick, .

Alexander Blaney, .

Natick,

29th,

( Holliston,
\ Sherborn,

}

Willis A. Kingsbury,

Holliston.

30th,

( Hopkinton,
\ Ashland, .

}

Cromwell McFarland

Hopkinton.

31st,

Framingham, .

John Clark,

Framingham.

482

House of Representatives.

COUNTY OF MIDDLESEX — Concluded.

District.

Town or Ward.

Kame of BepresentatiTe.

Residence.

32d,
33d,

34th,

36th,

Marlborough ,

f Hudson, . . ."1
! Stow, . . . .
j Boxborough, . . [
^^ Littleton, . . J

'Westford, . ^

Groton, . . . >

j Dunstable, . . j

[ Pepperell, . . J

fAyer, . . .^

Shirley, . . . !

1 Townsend, . . j

[Ashby, . . .j

Michael J. Buckley,
Augustus Rice,

Moses P. Palmer, .

Herman S. Hazen, .

Marlborough.
Stow.

Groton.

Shirley.

COUNTY OF WORCESTER.

1st,

2d,

8d,
4th,

5th,

6th,
7th,

r Blackstone,
\ Uxbridge,

(Mendon,
Milford, .
Upton, .

f Northbridge,
\ Grafton .

[ Westborough,
\ Southborough,

( Clinton,

Bei'lin,
I Bolton,
■{ Sterling,

Lancaster,
I Harvard,
i^ Lunenburg,

/ Fitchburg, Wards 1, \
\ 2,3,4,5,6, . ./

f Winchendon,
I Ashburnham,
■{ Gardner,
I Westminster,
^^ Princeton,

Michael Reilly, 2d, . Uxbridge.

James F. Stratton,
Daniel Reed, .

Joseph A. Dodge, .
Edwin B. Harvey, .

Alfred A. Burditt, .
Stillman Stone,

Harris C. Hartwell,
Benjamin F, Wallis,

Roderic L. Bent,
Edwin L. Burnham,

Milford.
Milford.

Grafton,
Westborough.

Clinton.
Lunenburg.

Fitchburg.
Fitchburg.

Gardner.
Westminster.

House of Representatives.

COUNTY OF WORCESTER — Continued.

483

Town or Ward.

8th,
9th'

10th,

nth,

l-2th,

13th,

14th,
15th,

16th,

17th,
18th,
19th,

[ Athol, .
\Royalston,

r Petersham,
I Phillipston,
I Templeton,
(^ Hubbardston,

fDana,

I Hardwick,

\ Barre,

I Oakham,

l^ New Braintree,

f Rutland, .
! Holden, .
I Paxton, .
1^ Leicester,

[ West Brookfield,

I Warren, .

<; Brookfield, .

North Brookfield,
( Sturbridge,

f Spencer, .
J Charlton,
j Southbridge, .
1^ Oxford, .

(Douglas, .
Webster, .
Dudley, .

{Auburn, .
Millbury,
Sutton, .

f Shrewsbury, .
j Northborough,
j Boylston,
lowest Boylston,

Leominster, .

Worcester, Ward

Name of RepresentatiTe.

C. F. Richardson,

Elisha Webb,

George K. Tufts, .

John N. Murdock, .

Alden Batcheller, .
Joseph W. Hastings,

Joseph W. Temjjle,
Francis L. Chapin, .

George A. Gleason,
Thomas S. Eaton, .

Levi L. Flagg,

William B.Toulmin,
Aaron G. Walker, .
Forrest E. Barker, .

Athol.

Petersham.

New Braintree.

Leicester.

N. Brookfield.
Warren.

Spencer.
Southbridge.

Douglas.
Auburn

Boylston.

Leominster.
Worcester.

Worcester.

484

House of Representatives.

COUNTY OF WORCESTER — Concluded.

District.

Town or Ward.

Name of Representative.

Residence,

20th,

Worcester, Ward 3,

James Connor,

Worcester.

21st,

Worcester, Ward 4,

John J. O'Gorman,

Worcester.

22d,

Worcester, Ward 5,

John F. H. Mooney,

Worcester.

23d,

Worcester, Ward 6,

George H. Ball, .

Worcester.

24th,

Worcester, Ward 7,

Emerson Warner,* .

Worcester.

25th,

Worcester, Ward 8,

Burton W. Potter, .

Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

4th,

5th,

fEasthampton, .
J Northampton, W'ds I
j 1,2,3,4,5,6,7, (
[^ Southampton, .

( Hadley, .
' Hatfield, .
I Westhampton,
[ Williamsburg,

( Chesterfield,
Cummington,

I Goshen, .

^ Huntington,
Middlefield,

I Plainfield,

[ Worthington,

f Amherst,
! Pelham, .
1 Prescott, .
[ South Hadley,

f Belch ertown,
I Enfield, .

IGranby, .
Greenwich,
Ware, .

Charles N. Clark,
John F. Warner,

Daniel W. Wells,

James A. Winslow,

Chester H. Gray,

Lyman D. Potter,

Northampton.
Northampton.

Hatfield.

Plainfield.

Prescott

Enfield.

COUNTY OF HAMPDEN.

1st,

rMonson, .
] Brimfield,

Holland, .

Wales, .

Lucius A. Cutler,

Brimfield,

* Elected Jan. 30, in place of George E. Batchelder, resigned Jan. 14.

House of Representatives.

COUNTY OF HAMPDEN — Concluded.

485

2d,

3d,

4th,

5th,

6th,

7 th,
8th,
9th,

10th,
11th,

Town or Ward.

f Palmer, .
j Wilbi-aham,
I Hampden,
(_ Ludlow, .

Chicopee,

/ Springfield, Wards "\
\ 1,2, . . ./

/ Springfield, Wards \
\ 3,6, . . ./

{Springfield, Wards '\
4, 7, • . . .}
Longmeadow, . )

f Springfield, Wards \
\ 5,8, . . ./

/Holyoke, Wards 1,\
\ 2, 3, 4, 5, . ./

r Holyoke, Wards 6,7, ^
\ West Springfield, . /

f Westfield,
< Agawam,
\ Montgomery,

South wick,
Granville,

, Tolland, .

] Blandford,
Chester, ,

\ Russell, .

Name of Representative.

Oren B. Smith,

Erastus Stebbins, .

Charles W. Richards,
Frank E. Carpenter,

Frank E. Winter, .

Edmund P. Kendrick,

Nathaniel Howard,
John H. Wright, .
Wilbert T. Dean, .

Charles N. Oakes, .
Eber A. Egleston, .

Edwin Gilbert,

Palmer.

Chicopee.

Springfield.
Springfield.

Springfield.

Springfield,

Holyoke.

Westfield.
Westfield.

South wick.

COUNTY OF FRANKLIN.

1st,

( Erving, .
! Warwick,
I Orange, .
(^ New Salem,

Charles A. Towne,

Orange.

486

House of Representatives.

COUNTY OF FRANKLIN — Concluded.

Town or Ward.

2d,

f Montague,
I Sunderland,
^ Leverett,
Shutesbury,
^ Wendell, .

(Greenfield,
Gill,
Shelburne,

4th,

5th,

6th,

{Deerfield,
Conway, .
Whately,

f Northfield,

Bernardston,
•^ Leyden, .
I Colrain, .
[ Heath, .

f Ashfield, .
I Buckland,
J Charlemont,

Hawley, .

Rowe,

Monroe, .

Name of Eepresentative.

Chas. W. Hazelton,

William A. Forbes,

Silas White Allis, .

Orswell A. Wheeler,

Frederick H. Smith,

Montague.

Greenfield.

Whately.

Bernardston.

Ashfield.

COUNTY OF BERKSHIRE.

1st,

2d,
8d,

4th,

( Hancock,

Lanesborough,
\ New Ashford, .

Williamstown,
[^ Clarksburg, .

f Adams, .
\ North Adams,

rPlttsfield,
\Dalton, .

f Florida, .

Savoy,
I Cheshire,
■{ Windsor,
I Washington,
I Peru,
1^ Hinsdale,

Fordyce W. Briggs,

Moses B. Darling, .
John S. Adams,

Thomas A. Oman, .
Jacob Gimlich,

Daniel F. Bucklin, .

Lanesborough

North Adams.
Adams.

Pittsfield.
Pittsfield.

Cheshire.

House of Keprbsentatives.

COUNTY OF BERKSHIRE — Concluded.

487

Town or Ward.

5th,

6th,

7th,

8th,

fBecket, .

J Lee,

{ Otis,

^^ Tyringham, .

f Richmond,

j Lenox, .

j Stockbridge, .

^_ West Stockbridge,

( Alford, .

J Egremont,

j Great Ban-ington,

\^ Monterey,

{Mt. Washington,
New Marlborough
Sandisfield,
Sheffield,

Name of Kepresentative.

William H. Gross,

Henry J. Dunham, ,

Alfred S. Fassett,

Lorrin P. Keyes,

Besldence.

Lee.

Stockbridge.

Gt.Barrington.

N. Marlboro'.

COUNTY OF NORFOLK.

1st,

2d,
3d,

4th,
5th,
6th,

7th,

8th,

f Dedham,
\ Norwood,

Brookline,

Hyde Park,

f Milton, .
\ Canton, .

I Quincy, .
j Weymouth,

/ Braintree,
\ Holbrook,

r Randolph,
j Stoughton,
j Sharon, .
^^ Walpole,

f Franklin,
I Foxborough,
ij Wrentham,
I Bellingham,
[^Medway,

A. B. Wentworth,

Benj. F. Baker,
Henry C. Stark,

J. Walter Bradlee,

William N. Eaton,
Wm. G. A. Pattee,
George A. Cushing,

Chas. B. Whitcomb,

Bushrod Morse,
Henry H. Francis,

Fred H. Williams, .
Sewall J. Clark,

Dedham.

Brookline.
Hyde Park.

Milton.

Quincy.
Quincy.
Weymouth.

Holbrook.

Sharon.
Randolph.

Foxborough.
Medway.

488

House of Representatives.

COUNTY OF NORFOLK — Concluded.

District.

Town or Ward.

Name of Representative.

Residence.

9th,

f Needham, . . ")
Dover, . . . |
<; Medfield, . . }
1 Norfolk, . . . 1
i^Welleslev . .)

James Hewins,

Medfield.

COUNTY OF PLYMOUTH.

1st,
2d,

3d,

4th,
5th,
6th,

7th,
8th,
9th,

10th,

11th,

/ Hingham,
\ Hull,

(Cohasset,
Scituate, .
South Scituate,

( Marshfield,
I Pembroke,
I Hanson, .
t Halifax, .

f Duxbury

! 'K'lno'Gfnn

Kingston,

i Plympton,
l_ Carver, .

Plymouth,

f Wareham,
! Rochester,
1 Marion, .
[ Mattapoisett,

f Middleborough,
\ Lakeville,

/Bridgewater, .
\ East Bridgewater,

f Rockland,
\ Hanover,

{Brockton, Wards 1,
2, 3, 4, 5, 6. 7, .
W. Bridgewater,

rAbington,

\ South Abington,

Joseph O. Burdett, .
Charles E. Brown, .

Luther P. Hatch, .

Fred M. Harrub, .
Chas. H. Howland,
Henry Barstow,

Albert T. Savery, .
William H. Osborn,
Henry A. Baker,* .

Enos H. Reynolds, .
Wm. L. Douglas, .

George M. Nash,

Hingham.
Scituate.

Marshfield.

Plympton.
Plymouth.
Mattapoisett.

Middleboro'.
E .Bridgewater.
Rockland.

Brockton.
Brockton.

Abinsrton.

* Elected February 26, in place of George H. Hunt, whose seat was declared vacant
by Resolution February 7.

House of Representatives.

COUNTr OF BRISTOL.

489

Town or Ward.

1st,
2d,
3d,

4th,

6th,
6th,
7th,

8th,
9th,

10th,

(Attleborough,
Norton, .
Mansfield,

( Easton, .
\ Raynham,

Name of Representative.

(Taunton, Wards 1,
2, 3, 4, 5, 6, 7, 8, .
Berkley, .

(Acushnet,
Fairhaven,
Freetown,

/ NewBedfordjWards \
\ 1,2,3,. . ./

/ NewBedford,Wards \
\ 4,5,6,. . ./

( Westport,
\ Dartmouth,

Fall River, Wards 1
1,2,3,4,5,6, .r

fFall River, Wards
^ 7, 8, 9, .
\ Somerset,

f Seekonk,
J Swanzey,
1 Rehoboth,
(^Dighton, .

Haudel N. Daggett,
George A. Adams, .

Thomas B. Johnson,

Lloyd E. White, .
Benj. S. Bos worth, .
Herbert L. Peck, .

George P. Morse, .

William A. Searell,
Augustus Swift,

William Gordon, Jr.,
Thomas W. Cook, .

Edward C. Almy, .

Charles B. Martin, .
Patrick E. Foley, .
T. Dwight Stow, .

Jas. F. Davenport, .
John C. Milne,

Nathaniel M. Burr,

Attleborough.
Attleborough.

Raynham.

Taunton.
Taunton.
Taunton.

Acushnet.

New Bedford
New Bedford.

New Bedford.
New Bedford.

Dartmouth.

Fall River.
Fall River.
Fall River.

Fall River.
Fall River.

Seekonk.

COUNTY OF BARNSTABLE.

1st,
2d,

r Sandwich,
\ Falmouth,

( Barnstable,
\ Mashpee,

Meltiah GiflFord,
Zenas E. Crowell,

Falmouth.
Barnstable.

490

House of Representatives.

COUNTY OF BARNSTABLE — Concluded.

District.

Town pr Ward.

Kame of Representative.

Residence.

3d,
4th,

5th,

6th,

( Yarmouth, . '\
\ Dennis, . . ./

{ Harwich, . . "i
\ Chatham, . ./

r Brewster, . .'^
J Orleans, . . . !
1 Eastham, . . ;
l^Wellfleet, . J

r Truro, . . . \^
\ Provincetown, . /

Joshua Crowell,
C. A. Freeman,

Sol. Linnell, 2d, .

Edward E. Small, .

Dennis.
Chatham.

Orleans.

Provincetown

COUNTY OF DUKES COUNTY.

1st,

( Chilmark,

I Cottage City,
J Edgartown,
1 Gay Head,
Gosnold, .
I^Tisbury, ,

Tisbury.

COUNTY OF NANTUCKET.

1st,

Nantucket,

John W. Hallett, .

Nantucket.

EDWARD A. Mclaughlin,

DANIEL W. WALDRON, .
O. F. MITCHELL,

. Clerk.

. Chaplain.

. Sergeant-at-Arms.

JUDICIAL DEPAKTMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

MARCUS MORTON, ...... of Andover.

ASSOCIATE JUSTICES.

WALBRIDGE A. FIELD, of Boston.

CHARLES DEVENS, of Worcester.

WILLI A]VI ALLEN, of Northampton.

CHARLES ALLEN, of Boston.

WALDO COLBURN, of Dedham.

OLIVER WENDELL HOLMES, Jr., . . . of Boston.

SUPERIOR COURT

CHIEF JUSTICE.

LINCOLN F. BRIGHAM,

of Salem.

ASSOCIATE JUSTICES,

julius rockwell, .
robert c. pitman, .
john w. bacon,
p. emory aldrich, .
william s. gardner,
ha:milton b. staples,
marcus p. knowlton,

CALEB BLODGETT, .
ALBERT MASON,.
JAMES M. BARKER, .

of Lenox,
of Newton,
of Natick.
of Worcester,
of Newton,
of Worcester,
of Springfield,
of Boston,
of Brookline,
of Pittsfield.

492

Judicial Depaetment.

JUDGES OF PROBATE AND

JOHN W. McKIM, Boston,
GEORGE F. CHOATE, Salem, .
GEORGE M. BROOKS, Concord,
ADIN THAYER, Worcester, .
WILLIAM G. BASSlilTT, Easthampton,
WILLIAM S. SHURTLEFF, Springfield.
CHESTER *C. CONANT, Greenfield, .
JAMES T. ROBINSON, North Adams,
GEORGE WHITE, Newton,
JESSE E. KEITH, Abington, .
WILLIAM E. FULLER, Taunton, .
HIRAM P. HARRIMAN, Wellfleet, .
JOSEPH T. PEASE, Edgartown,
THADDEUS C. DEFRIEZ, Nantucket,

INSOLVENCY.

. Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

REGISTERS OF PROBATE AND

ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .
JOSEPH H. TYLER, Winchester, .
FREDERIC W. SOUTHWICK, Worcester
HUBBARD M. ABBOTT, Northampton,
SAMUEL B. SPOONER, Springfieldv
FRANCIS M. THOMPSON, Greenfield,
EDWARD T. SLOCUM, Lee, .
JONATHAN COBB, Dedham, .
EDWARD E. HOBART, Bridgewater,
JOHN H. GALLIGAN, Taunton,
FREEMAN H. LOTHROP, Barnstable,
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .

INSOLVENCY.
. Suffolk.
. Essex.

Middlesex.
. Worcester.

Hampshire.
. Hampden.
. Franklin.
. Berkshire.
. Norfolk.
. Plymouth.
. Bristol.
. Barnstable.
. Dukes.
. Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston, .
WILLIAM B. STEVENS, Stoneham,
HENRY F. HURLBURT, Lynn,
EVERETT C. BUMPUS, Weymouth,
HOSEA M. KNOWLTON, New Bedford,
WILLIAM S. B. HOPKINS, Worcester,
ANDREW J. WATERMAN, Pittsfield,
DANIEL W. BOND, Northampton, .

Suffolk.

Northern.

Eastern.

south-e astern.

Southern.

Middle.

Western.

North-Western

Judicial Department.

493

SHERIFFS.
JOHN B. O'BRIEN, Boston,
HORATIO G. HERRICK, Lawrence, .
HENRY G. CUSHING, Lowell, .
AUGUSTUS B. R. SPRAGUE, Worcester,
JAIRUS E. CLARK, Easthampton, .
HIRAM Q. SANDERSON, Springfield,
GEORGE A. KIMBALL, Greenfield, .
HIRAM B. WELLINGTON, Pittsfield,
RUFUS C. WOOD, Dedham,
ALPHEUS K. HARMON, Plymouth, .
ANDREW R. WRIGHT, Fall River, .
LUTHER FISK, Dennis, .
JASON L. DEXTER, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

. Suffolk

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. BERKSniRE.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the

Court for the Commonwealth.
JOHN NOBLE, Boston, Supreme Judicial Court,
JOSEPH A. WILLARD, Bost., Sup. Ct., Civil T.,
JOHN P. MANNING, Boston, Criminal Term,
ALFRED A. ABBOTT, Peabody,
THEODORE C. HURD, Cambridge, .
THEODORE S. JOHNSON, Worcester,
WILLIAM H. CLAPP, Northampton,
ROBERT O. MORRIS, Springfield, .
EDWARD E. LYMAN, Greenfield, .
HENRY W. TAFT, Pittsfield, .
ERASTUS WORTHINGTON, Dedham,
WILLIAM H. WHITMAN, Plymouth,
SIMEON BORDEN, Fall River, .
SMITH K. HOPKINS, Barnstable, .
SAMUEL KENISTON, Edgartown, .
JOHN F. BROWN, Nantucket, .

Supreme Judicial

Suffolk.
> Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

49i

Members op Congress.

MEMBERS OF THE FORTY-EIGHTH CONGRESS.

[Congressional J>iBtrict8 established by Chap. 253, Acts of 1882.

Senators.

HENRY L. DAWES,
GEORGE F. HOAR,

of Pittsfield.
of Worcester.

REPRESENTATIVES

District I. — ROBERT T. DAVIS, .
H. — JOHN D. LONG, .
in. — AMBROSE A. RANNEY,
IV. — PATRICK A. COLLINS,
v. — LEOPOLD MORSE,
VI. — HENRY B. LOVERING,
VIL — EBEN F. STONE, .
VIII. — WILLIAM A. RUSSELL,
IX. — THEODORE LYMAN, .
X. — WILLIAM W. RICE, .
XL — WILLIAM WHITING, .
Xn. -FRANCIS W. ROCKWELL,*

of Fall River,
of Hingham.
of Boston,
of Bost07i.
of Boston,
of Lynn,
of Newburyport,
of Lawrence,
of Brookline.
of Worcester,
of Holyoke.
of Pittsfield.

* Elected Jan. 17, in place of Geo. D. Robinson, resigned.

Commoitto^alt^ of glassat^us^tts.

Secretary's Department, Boston, July 21, 1884.

I certify that the Acts and Resolves contained in this
volume are true copies of the originajs, and that the ac-
companying papers are transcripts of official records and
returns.

I further certify that the tables showing the changes
made in the general statutes by the legislation of the
present year have been prepared and are published as an
appendix to this edition of the laws by direction of the
Governor, in accordance with the provisions of Chap. 238
of the Acts of 1882.

HENRY B. PEIRCE,

Secretary of the Commonioealth.

INDEX.

Page

Abingtou, town of, water supply for, 206

Adams Street Cemetery in, removal of the remains of the dead, 124
Absent defendants, notice to, where real estate is attacheti, . . 249
Academy, Lawrence, property of, may be purchased by town of Fal-
mouth, 59

Accounts of ay assignee in insolvency, to be sworn to, . . . 105

Actions in which real estate of non-residents is attached, dismissal of, 249

for injuries received on the Lord's Day, provisions of T.S. 98,

not to constitute defence to, 30

in the name of or against abolished school districts, may be

prosecuted or defended by cities or towns, .... 103

upon the trial list in the superior court, 305

Adams, town of, sessions of the district court of Northern Berkshire at, 248

Adams Street Cemetery in Abington, removal of remains of the dead, 124

Address of the governor to the legislature, 401

Administrators, special, may pay expenses incurred in proof of wills, 270
Adulteration, of food and drugs, laws against, to be enforced by the

state board of health, lunacy and charity, .... 268

of vinegar, laws against, to be enforced by inspectors of milk, 307

of butter and milk, relating to, 324

Advances to state officers, 142

Agricultural College, Massachusetts, additional copies of report of

trustees to be prmted, 381

in aid of, 382

Agricultural Society, Blackstone Valley, incorporated, ... 37

Hillside, allowance to, 381

Agricultural experimental station, report of the board of control of,

to be printed, .......... 382

Agriculture, board of, clerical services and lectures, .... 50

additional copies of report of secretary to be printed, . . 387
Aid Association, Lynn Workingmen's, property exempt from taxa-
tion, 152

Aid, state, to invalid pensioners and their dependent relatives, . 29

Alewife Brook and certain sewers in Cambridge and Somerville, . 158

iv Index.

Almshouse, state, in favor of 378

and state workhouse, inmates of paupers' department maj^ be

transferred eacli to the other, 273

Amendment to the constitution proposed, to provide for precinct vot-
ing in towns, 394

American Unitarian Association, may hold additional estate, . . 25
American and Mexican Pacitic Railroad Company, name established, 56
Appropriations :

Maintenance of Governraeiit, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's,
Attorney-General's, Agricultural, Educational, Tax Commis-
sioner's and Military departments, Commissioners and Mis-
cellaneous, 4

Maintenance of Government, additional, —
Supreme Judicial, Superior, and Probate and Insolvency courts

and District- Attorney's salaries, 9

Maintenance of Government , further additional, —
Legislative, Executive, Agricultural and Military departments,
State House, miscellaneous, incidental and contingent ex-
penses, 30

for mileage and compensation of meml)ers of the legislature,
for compensation of oflicers and for other purposes, . . 3

for sundry charitable expenses, 13

for salaries and expenses at the state almshouse at Tewks-

bury, 15

for salaries and expenses at the state workhouse, ... 17
for salaries and expenses at the state primary school at Mon-

son, 17

for salaries and expenses of the district police, ... 18

for certain educational expenses 21

for printing and binding public documents, and for other pur-
poses, 24

for compensation and mileage of otticers and men of the volun-
teer militia, and other expenses of the militai'y department, 27
for certain expenses authorized in the year eighteen hundred

and eighty-three, 37

for salaries and expenses at the state prison, the reformatory

prison for women, and for expenses in connection therewith, 38
for salaries and expenses at the state reform school for boys
and the state industrial school for girls, .... 39

for expenses authorized the present year, 123

for expenses authorized the present j'ear and for other pur-
poses, 201, 361

for double tracking the Troy and Greenfield Railroad, . . 186
for improvement of Commonwealth flats at South Boston, . 343
for salaries and expenses at the state reform school for boys, . 344

for the Lyman school for boys, 356

for the salaries of the clerks and assistant clerks of the senate
and house of representatives, and of the sergeant-at-arras, . 367

Index.

Aqueduct Company, Ilavorhill, nuiy increase its water supply, .
Mausfleld Lake, incorporated, ......

West Springfield, may issue bonds,

Arnold, Moses N., acts done as justice of the peace, confirmed.

Assessment of betterments,

Assessments for public improvements, which are a lien upon real

estate, to bear interest, etc.,

Assessors and assistants in the city of Boston, election of.
Assignees in insolvency, to swear to their accounts, ...
Association, American Unitarian, may hold additional estate, .

Boston Young "Women's Christian, may hold additional estate
Cambridge Police Mutual Aid, incorporated, ...
Lynn Workingmen's Aid, property exempt from taxation,
New England Assurance, incorporated, ....
New England Spiritualists' Camp Meeting, taxation of build

ings, etc., in Montague,

Needham Cemetery, incorporated,

South Pocasset Cemetery, organization confirmed, may take

and hold certain real estate,

Washington Cemeteiy, at Gloucester, proceedings confirmed
Associations, voluntary, embezzlement by ofticers and servants,
Assurance Association, New England, incorporated, .
Assurance Company, State Mutual Life, of Worcester, may hold ad
ditional real estate, ........

Asylums for the chronic insane, may be esta1)lished by cities having

more than 50,000 inhabitants,

Athol Water Company, may increase water supply, .

Attachment of real estate of non-residents and no personal service

upon defendants, fhsmissal of actions, ....
Attleborough, Free Evangelical Society of, proceedings coiafirmed,
Attleborough Water District, property of, may be purchased by Fir
District Number One, of Attleborough, ....

Attorneys at law, in relation to,

Auditor of accounts, annual report of, .....

Bail, justice of the peace to issue w'arrants and take,

relief of, upon the death of the principal.
Bank, Campello Cooperative, at Brockton, allowance to, .

Fitchburg Cooperative, allowance to.

Savings, Granite, in Rockport, incorporated, .
Banks, savings, business to be conducted at banking house,

limitation of liability which may be incurred by any
person to,

notice of meetings to be sent to every member,

investments t)y, on personal securities,

insolvent, custody of books and papers of,

Page
217
97
29
375
263

199
104
105
25
57
209
152
119

267
166

165

140

119

193
153

249
153

75
139
176

266
241

392

370

217

42
126
138

vi Index.

Page

Barbed wire fences not to be built witliin six feet above tlie ground

along a sidewalk, 255

Barnard, Frederick J., acts done by, as notary public, confirmed, . 368

Barnstable, town of, fisheries regulated, . . . . . . 246

Barton, Clara, treasurer, to return certain bonds to, . . . . 384^

Bathing in public ponds prohibited, 140

Beaches in Swampscott, sand and gravel not to be taken from, with-
out permission, 176

Bedford, town of, may aid extension of the Boston and Lowell Rail-
road, 184

Belchertown, town of, acceptance of will of Calvin Bridgeman, rati-
fied, ... 74

Berkshire County, probate court for, salaries of judge and register, 156

Betterments, for locating and laying out streets and public parks, . 185

assessments of, provisions extended, 263

assessments of, to l)car interest from thirtieth day after assess-
ment, and in case of suit, lien to continue for one year

after final judgment, 199

Bickaell, Thomas W., allowance to, 377

Bill in ecjuity to reach and apply the property of a debtor, . . 266
Billerica, town of, may aid extension of the Boston and Lowell Rail-
road, 184

Blackstone Valley Agricultural Society, incorporated, ... 37

Board of health to keep record of cases of dangerous diseases, . 77
Board of health, lunacy and charity, to enforce laws against adulter-
ation of food and cUuigs, and report number of prosecutions,

etc., to the legislature, 268

to report to legislature concerning a reformatory for persons

convicted of drunkenness, 380

Bonds, surety on, companies may l)e formed to act as, . . . 272
Boston, city of, members of city council not eligible to ofiice if

salary is payable by the city, 101

election of assessors and assistant assessors in, . . . 104

to be divided into twelve aldermanic districts, .... 211

names of public waj's in, 263

for safe keeping of ballots in, ... .... 357

may build a pile structure in Charles River, .... 358

Boston, the Proprietors of the Meeting-House in Hollis Street, in the

town of, name changed, 23

Clinton Market Company iu, incorporated, .... 60

Boston Clock Company, name established, 303

Boston Young Women's Christian Association, may hold additional

estate, ........... 57

Boston and Albany Railroad Company, to be proceeded against in
S. J. C. concerning distribution of shares of stock received

from the state, 387

may take land and build a branch through city of Newton, 80

Index. vii

Page
Boston, Barre, and Gardner Railroad Company, may use proceeds of

certain bonds in its treasury, 305

Boston and Lowell Railroad, may unite and consolidate with certain

other railroads, now leased or operated by it, . . . 128
extension of, may be aided by towns of Bedford and Billerica, 184
Boston and Roxbury Mill Corporation, indenture Ijetween the Com-
monwealth and, construction of, 383

Boundary line between Massachusetts and Rhode Island, expense of

establishing, 379

Bounties to soldiers and sailors, payment by town of Quincy, . . 58

payment by town of East Bridgewater, 69

Bourne, town of, incorporated, 105

Bradford Water Company, incorporated, 113

Bradshaw, Valentine, allowed military aid, 372

Braintree Water Company, incorporated, 93

Branch railroads, construction of, within. eight miles of the state

house, ........... 263

Brandt Island Club, incorporated, 178

Bridgeman, Calvin, acceptance by town of Belchertown of bequest

under will of, legalized, 74

Bristol, first district court of, salary of justice holding court in

Attleborough, 181

Brockton, city of, may effect an additional water loan, ... 19

Campello Cooperative Bank of, allowance to, . . . . 392

Brockton Real Estate and Improvement Company, incorporated, . 250

Brookline, town of, may issue additional water scrip, ... 80

police court, salary of justice, 177

Buildings, where operatives are employed, doors not to be locked

dui'ing hours of labor, 40

public, safety appliances in, 184

Bureau of statistics of labor, census and industrial statistics to be

taken under charge of, 145

to collect forestry statistics, 385

employment of a second clerk authorized, .... 9
Burial places, moneys for care of, may be held and applied by cities

and towns, 152

Burton, Francis E., allowed state aid, 371

Butter and milk, inspection and sale of, 324

Cambridge, city of, may increase its water supply, .... 228

sewerage of, 158

Episcopal Theological School at, trustees may hold additional

estate, 34

Cambridge Police Mutual Aid Association, incorporated, . . . 209

Cambridgeport, Chapel Congregational Church in, name changed, . 32

Campello Cooperative Bank at Brockton, allowance to, . . . 392

viii Index.

Page

Cape Cod Ship Canal, resolution concerning, . . . . .• 399

Cape Cod Ship Canal Company, in relation to 256

Carrigan, Edward C, allowance to, 377

Cash Railway Company, Lamson, may increase capital stock, . . 242

Cattle, contagious diseases among, concerning, 192

Cemetery, Adams Street, in Abingtou, removal of I'emains of the

dead from, 124

Cemetery Association, Needham, incorporated, 166

South Pocasset, organization contlrmed; may take and hold

certain real estate, 165

"Washington, at Gloucester, proceedings confirmed, ... 55
Census, decennial, and industrial statistics of the Commonwealth, to

be taken under direction of the bui'eau of statistics of labor, 145
Change of names, list of, to be published by the secretary of the

Commonwealth, 210

Change of names in 1883, 452

Chapel Congregational Church, in Cambridgeport, name changed, . 23
Chaplain of the reformatory prison for women, to have charge of the

prison school, 35

Charles River, pile structure in, may be built by the city of Boston, 358
Charles River Embankment Company, time extended for perform-
ance of certain works, ........ 29

Charles River Street Railway Company, may issue mortgage bonds, . 40

Chelsea, city of, abatement of taxes in, 96

election of assessors in, . 63

Chelsea police court, salary of clerk 166

Children, employment of, in mercantile establishments, . . . 261

minor, penalties for not supporting, 177

Chilmark, town of, resolve in favor of certain inhabitants of, . . 380
Christian Association, Boston Young Women's, may hold additional

estate, 57

Chronic insane, asylums for, may be established by cities having

moi-e than 50,000 inhabitants, 193

Church, Chapel Congregational, in Cambridgeport, name changed, . 23

First Congregational, in Norwood, name established, . . 200

German Reformed, organization, etc., contirmed, . . . 193

Highland Congregational, in Lowell, incorporated, . . . 174

HoUis Street, name established 23

South, in Dedham, name changed; may hold additional estate, 200

Wood Memorial, in Cambridgeport, name established, . . 23
Churches or religious societies may appoint trustees who shall with

their successors be a body corporate, 57

Cities, division of, into wards, 104

civil service of, 340»

having more than 50,000 inlial)itants, may establish hospitals

for the chronic insane, 193

Cities and towns, may prosecute or defend actions in the name of or

against abolished school districts, lOJ?

Index. ix

Page

Cities and towns, may issue notes, bonds and scrip, .... 109

may compensate inspectors of vinegar, 133

may liold and apply moneys for care of public or ()rlvate burial

places, 152

sales of land by, for taxes, 204

City of Boston, members of city council not eligible to office if

salary is payable by the city, . ' 101

election of assessors and assistant assessors, .... 104

to be divided into twelve aldermanic districts, .... 211

names of public ways in, 263

for safe keeping of ballots in, 357

may build a pile sti'ucture in Charles River, .... 358

City of Brockton, may eflect an additional water loan, ... 19

City of Cambridge, sewerage of, 158

may increase its water supply 228

City of Chelsea, election of assessors in, 63

abatement of taxes in, 96

City of Gloucester, Washington Cemetery Association in, proceed-
ings confirmed, . . . 55

City of Hol3^oke, water supply for, 50

City of Lawrence, may incur debts in establishing a system of

sewers 112

City of Lynn, may borrow money for building drains and sewers, . 68

may supply town of Nahant with water 264

may supply town of SAvarapscott, with water, .... 265
City of Maiden, highways in, may ])e widened and otherwise altered

by the city council, 150

may issue additional water bonds, 78

City of New Bedford, aldermen to be paid salaries, .... 42

City of Newton, may eftect an additional water loan, ... 19

City of Salem, may dredge and fill lands and fiats in North River, 157

new jail to be provided in, 203

filling vacancies in school committee in, 262

City of Soraerville, sewerage of, . . . . . . . . 158

City of Springfield, charter amended, 304

new jail and house of correction in, 205

City of Taunton, may increase its water loan, 132

may lay out a highway through land of Taunton Lunatic

Hospital, 248

City of Waltham, incorporated, 308

City of Worcester, water supply of, 123

part of location of Norwich and Worcester Railroad in, dis-
continued, 129

public parks in, 245

Civil government, lists of national, state, district and county officers, 473

Civil service of the Commonwealth and the cities thereof, . . 346

Clerk, executive, of the governor and council, salary established, . 13

X Index.

Page
Clerks and assistant clerks of the senate and of the honse of rep-
resentatives, 358, 367

Clinton, town of, may issue additional water bonds and supply Lan-
caster with water, 100

Clinton Market Company, incorporated, 60

Clock Company, Harvard, name changed to Boston Clock Company, 303

Club, Brandt Island, incorporated, 178

Greenfield Rural, incorporated, 125

Coal, sale by measure, regulated, 53

Cockeast or Davol's Pond, protection of game at, ... . 264

College, Massachusetts Agricultural, in aid of, 382

Massachusetts Agricultural, additional copies of report of

trustees to be printed, 381

Wellesley, may hold additional estate, 126

Colored persons, to prevent discrimination again.st, by life insurance

companies, 194

Commission to be appointed to report upon disposal of sewage and -

protection of water sujiply, 388

Commissioners, county, railroad companies to apply to, for permis-
sion to take land for tracks, etc., 112

Commitments, to imprisonment upon two or more sentences, . . 247

to the state workhouse, concerning, 240

Commonwealth may take certain lands and flats in South Boston, . 269
Commonwealth and the Boston and Roxbury Mill Corporation, in-
denture between, 383

Commonwealth building, in Boston, to be in care and custody of
commissioners on the state house, and legislative com-
mittee, 18

Commonwealth's flats at South Boston, impi^vement of, . . . 343
Companies may be formed to guarantee fldelity, etc., and to act as

surety on bonds, 272

Compensation of members of the legislature, .... 346, 447

Composition with creditors in insolvency, provided for, . . . 195

Concord, reformatory for male prisoners at, ... . 220, 360

town of, may increase water supply, 171

Conditional sales of furniture or other household eftects, . . . 342
Congregational Church in Lowell, Highland, incorporated, . . 174
Congressional district, twelfth, special election to fill vacancy in, . 3
Connecticut River, in relation to conservation of, ... . 386
Constitution, amendment to, proposed, to provide for voting pre-
cincts in towns, 394

Contagious diseases, to prevent spread of, through public schools, . 50
physicians and householders to notify selectmen or board of

health; board of health to keep record, .... 77

among cattle, concerning, 192

Cooperative Bank, of Brockton, Campello, in favor of, . . . 392

Fitchburg, in favor of, 370

Cordage Company, Hingham, may hold additional estate, ... 49

Index. xi

Page
Corporation dissolved, the Proprietors of the Locks and Canals on

Connecticut River, 26

the Fai'ni Pond Fishing Company in Edgartown, . . . 129

Corporations, appointment of receivers, 175

may be formed to examine and guarantee titles to real estate, 143

transfer of stock in, 186

trustees appointed by religious societies may become, in

certain cases, 57

foreign, except insurance companies, having place of business
iu state, to appoint commissioner of corporations their at-
torney npon whom process may be served, .... 359
Costs and expenses in probate proceedings, allowance of, . .110
County commissioners, railroad companies to apply to, for permis-
sion to take land for tracks, etc., 112

County, of Essex, commissioners to provide a new jail iu Salem, . 203
Franklin, commissioners may bori'ow money to build jail and

house of correction, 101

Hampden, commissioners may build a new jail and house of

correction, 205

Plymouth, commissioners to enlarge and remodel jail, . . 267

Suffolk, expense of recording probate proceedings in, . . 102

Worcester, divided into two districts for the registry of deeds, 34

County taxes granted, 374

County truant schools, union, establishment of, 129

Couplers, safety, to be used on freight cars, ..... 183
Court, district, of Northern Berkshire, sessions of the court at

Adams, 248

Southern Berkshire, salary of justice ; office of clerk abol-
ished, 192

Bristol, first, salary of justice, holding court at Attleborough, 181

Hampshire, special justices to be allowed travelling expenses, 175

Plymouth, fourth, compensation of clerk, .... 175

Easteim Worcester, first, salary of justice, .... 176

Northern Worcester, first, establislied, 179

Court Little John, Number Six, Independent Order of Foresters,

name changed, 53

Court, police, of Brookline, salary of justice, 177

Chelsea, salary of clerk, 166

Holyoke, salary of clerk, 50

Court, probate, when term occurs on a holiday or election day to be

held on next secular day, 125

probate, for county of Berkshire, salaries, . . . .116
prol^ate, in the county of Hampden, times and places of hold-
ing, 271

Court, probate, and court of insolvency in Suft'olk, ofiicer in attend-
ance at, to serve process, 121

Court, superior, actions upon the trial list, 305

examination of district police by judge of, .... 166

xii Index.

Page

Courts, district and police, may be adjourned by slierifls, . . . 153
Cram, George W., claim of the Commonwealth against, may be

settled by the treasurer, 389

Cranberries, standard measure established ; barrels and crates to be

branded, 132

Creditors, composition with, in insolvency, 195

Criminal cases, list of, to be tried, to be deposited with clerk, . . 157

relating to warrants in, 156

Crossings of railroads at grade, in cities and populous parts of

towns, 380

Dal ton, water supply for tire district of, 116

Dedham, South Church in, name changed to the First Congrega-
tional Church in Norwood ; may hold additional estate, . 200
Deeds, registry of, in Worcester County, two districts for, . . 34

Deformities, exhibition of, for hire, prohibited, 78

Dickinson, John W., allowance to, 377

Directors of insurance companies may be elected by classes, . . 56

Disbursement of pul)lic moneys, advances to oflicers authorized, . 142

Diseases, contagious, to jircvent spread of, through public schools, 50

phj'sicians to notify selectmen or board of health; board of

health to keep record, 77

Diseases among cattle, contagious, 192

Dismissal of actions, in which real estate of non-residents is

attached, 249

Distribution of the school fund, 22

District attorney, to deposit with clerk before trials begin, a list of

cases to l)e tried, 157

District, twelfth congressional, special election to till vacancy in, . 3
District court, of Northern Berkshire, sessions of the court at

Adams, 248

Southern Berkshire, salary of justice; office of clerk abol-
ished, 192

Bristol, first, salary of justice holding court in Attleborough, 181

Hampshire, travelling expenses of special justices, . . . 175

Plymouth, fourth, compensation of clerk, .... 175

Eastern Worcester, first, salary of justice, .... 176

Northern Worcester, first, established, 179

District and police courts, sessions may be adjourned by sheriffs

and their deputies, 153

District police, examination of candidates for, ..... 156

Divorce, in case of long and unexplained absence of libellee, . . 181

Documents, public, printing and distribution of, .... 135

Dog licenses, to be recorded in places where dogs are kept, . . 152

Doherty, John, in favor of the child of, 393

Index. xiii

Page
Doors of buildings not to be locked during hours of lal)or of opera-
tives, 40

Drainage of the valleys of the Mystic, Blackstone and Charles
rivers and other portions of the state, commission to report

upon, .388

Drugs, adulteration of, laws against to be enforced, .... 2GS
Drunkenness, expediency of establishing a reformatory for persons
arrested for, to be considered by board of health, lunac)' and

charity, 380

Dukes County, compensation of sherifl', ...... 177

fisheries in waters of, regulated, 209

East Bridgewater, town of, may pay certain bounties, ... 59
Eastern Railroad Company may extend its road in the town of

Essex, 133

f^astern AVorcester, first district court of, salary of justice, . . 176
Edgartown, Farm Pond Fishing Company in, corporation dis-
solved, 129

Election of town officers contirraed, in towns where tellers were not

appointed, etc., 271

Election, special, to fill vacancy in twelfth congressional district, . 3

Election sermon, abolished, ......... 49

Elections, laws relating to, to be published and distributed, . . 391

Elections and voting therein, concerning, ...... 289

Electrical lines, construction regulated, 304

compensation for damages occasioned by, 306

Electricity, companies transmitting intelligence by, subject of occu-
pation of railroad locations 1)y more than one company, to

be reported upon by commissioners, 386

Elevated Railway Company, Meigs, incorporation authorized, . . 63
Embankment Company, Charles River, time extended for perform-
ance of certain works, 29

Embezzlement by officers and servants of voluntary associations,

punishment for, 140

Employment of minors in mercantile establishments, . . . 261

Entertainment at an inn, penalty for fraudulently obtaining, . . 139

Episcopal Parish in Marblehead, relating to, 122

Episcopal Theological School at Cambridge, may hold additional

estate, ........... 34

Equitable liabilities, provable against estates in insolvency, and

against estates of deceased persons represented insolvent, . 271

Equity, suits in, to reach and apply the property of a debtor, . . 266

service of process in proceedings in, 344

Essex, town of. Eastern Railroad may extend its road in, . . . 133

Essex County, commissioners to provide a new jail in Salem, . . 203

xiv Index.

Evangelical Societj' of Attleborough, Free, proceedings confirmed,
Everett, town of, raaj^ raise money to extend its water-pipes, .
Execution, adjournment of sale on, by court granting injunction.
Executive clei'k of the governor and council, salary established.

Executive messenger, salary established,

Executors, expenses of, incurred in proof of wills, may be paid by

special administrators, .......

Exhibition of deformities for hii-e, prohibited, ....

Experimental station at Amherst, report of board of control to be

printed,

Ej'e and Ear luflrmary, Massachusetts Charitable, allowance to,

153
36

141
13
30

270

382
369

Factories, doors of, not to be locked during hours of labor of opera-
tives, 40

Falmouth, town of, may purchase the Lawrence Academy, . . 59

Farm Fond Fishing Company in Edgartown, corporation dissolved, 129

Feeble-Minded, Massachusetts School for, commitments to, . . 67

Female assistant physicians, to be appointed in state lunatic hospitals, 101
Fences, barbed wire, not to be built within six feet above the ground

along a sidewalk, 255

Fidelity of persons, companies may be formed to guarantee, . . 272

Finan, James William, in favor of brothers of, 393

Fire-arms and other dangerous weapons, not to be sold to minors, . 57
Fire District Number One of Attleborough, may purchase franchise

and property of the Attleborough Water District, . . 75
Fire District of the town of Dalton, water supply for, . . .116
Fire District Number One of North Attleborough, proceedings con-
firmed, 28

Fire and marine insurance companies, re-insurance of risks, returns

to commissioners, 142

First Congregational Parish of Hamilton, conveyance of property

confirmed: corporation dissolved, 103

First Congregational Church in Norwood, name established, . . 200
First Parish in Needhara, may convey burial ground to Needham

Cemetery Association, 166

First Parish in Townsend, inhabitants of, dissolved, upon the organi-
zation of a new parish, 200

Fisher, Isaac G., and crew of the Peaked Hill Bar life saving station,

Provincetown, thanks of the General Court to, . . . 398
Fish, trout, land-locked salmon and lake trout, may be taken and sold

between first of September and first of April, . . .139

Fisheries, in waters of Dukes County, concerning, . . . .209

in North River in Plymouth County, regulated, . . .169

in towns of Mashpee and Barnstable, regulated, . . . 246

Fishing in the Merrimack River, relative to, 345

Fishing Company, Farm Pond, in Edgartown, corporation dissolved, 129

Index. xv

Page

Fiske, Jerome H., acts clone as justice of the peace, confirmed, . 393

Fitchburg Cooperative Bank, in favor of, 370

Flats and lands at South Boston, may be taken by the harbor and

land commissioners, 269

Flats of the Commonwealth at South Boston, improvement of, . . 343

Florence Kindergarten, trustees of, incorporated, . . . . G7
Food and drugs, adulteration of, laws against to l)e enforced bj'

board of health, lunacy, and charity, 2G8

Foreign corporations, except insurance companies, having place of
business in this state, to appoint the commissioner of coi"-
porations their attorney upon whom process may be served, 359
Foreign fire insurance companies, returns to be made to the insur-
ance commissioner, 42

Forestry statistics to be collected, by the bureau of statistics of

labor, 385

Framingham Water Company, incorporated, 250

Fraraingham and Lowell Railroad Company, concerning bonds of, . 17
Franklin County, commissioners may borrow money to build jail and

house of correction, 101

medical examiner for the northern district of, . . . . 352
Free text-books and school supplies for the pupils in the public

schools, 79

Free Evangelical Society of Attleborough, proceedings confirmed, . 153

Freight cars, safety couplers to be used on, 183

Fund, school, distribution of, 22

Furniture and other household eflects, conditional sales of, . . 342

Game, protection of, upon private lands, 308

in Cockeast or Davol's pond and Richmond's pond, protection of, 264
Gas Light Company, North Attleborough, concerning, . . .110

Gaul, Lewis, allowance to the widow of, 391

Gay Head, town of, resolve in favor of certain inhabitants of, . . 380

vote of thanks to people of, 396

German Reformed Church Society, defects in corporate organization

remedied, and mortgage confirmed, 193

Gettysburg, monuments on the battlefield of, 375

Gift enterprises, prohibited under penalty, 262

Girls, Industrial School for, may hold additional estate, ... 27
Gloucester, city of, "Washington Ceraetei'y Association in, proceed

ings confirmed,
Going, Mary, allowance to, .
Goulding, Agnes S., allowance to,
Governor, address of, to the legislature,

messages to the legislature,

salary established,

XVI INDEX. '

Page
Governor with advice of the council, to appoint a commission con-
cerning survey and state map, 390

to appoint a commission to consider a system of drainage for
the valleys of the Mystic, Blackstone, and Charles rivers,
and also the disposal of sewage in other pai'ts of the state, . 388
Governor and council, executive clerk of, salaiy established, . . 13
requested to report to legislature concerning Troy and Green-
field Railroad and Hoosac Tunnel, 389

salary of messenger, 30

pardons issued by, 429

Grade crossings, in cities, etc., abolition of, to be reported upon by

railroad commissioners, 380

Grand Lodge of Masons in Massachusetts, may institute a board of
trustees to have charge of funds, who may become a cor-
poration, 182

Granite Savings Bank, in Rockport, incorporated, . . . . 7G

Great Barringtou, water supply for village of, 97

Greenfield Rural Club, incorporated, 125

Hamilton, First Congregational Parish of, conveyance of property

by, confirmed, and corporation dissolved, .... 103
First Congregational Society of, conveyance of pi"operty to,

confirmed, 103

Hampden County, probate courts in, 271

salary of treasurer, established, . . . . . .97

commissioners may build a new jail and house of correction, . 205

salary of register of probate and insolvency established, . 210

Hampshire, district court of, travelling expenses of special justices, 175

Hand-tools, elementary use of, to be taught in the public schools, . 53

Hanscom, Frances A., allowed state aid, 377

Harbors and harbor masters, relating to, 140

Harbors and navigable waters, protection of, ... - . 249
Harbor and land commissioners, may take lands and flats in South

Boston, in behalf of the Commonwealth, .... 269
may purchase certain intei'ests in lands and flats at South

Boston, 390

to report to legislature concerning the Connecticut River, . 386

Harriman, Hiram P., allowance to, 373

Harris, William T., allowance to, 377

Harvard Clock Company, name changed to Boston Clock Company, . 303

Haverhill Aqueduct Company, may increase its water supply, . . 217

Health, board of, to keep record of cases of dangerous diseases, . 77
Healtli, lunacy and charity, board of, to enforce laws against adul-
teration of food and drugs, and make annual report to the

legislature 2G8

Index. xvii

Page
Healtli, lunacy aud charity, board of, to report to legislature concern-
ing a reformatory for persons arrested for drunkenness . 380
Hicks, Cyrus, town of Norton may receive certain property from,

and hold the same in trust, 121

Highland Congregational Church in Lowell, incorporated. . . 174

Hillside Agricultural Society, allowance to, 381

Hingham Cordage Company, may hold additional estate, ... 49

Holbrook, Alice S., gi'anted an annuity, 392

Holden, town of, allowance to 376

Holland, Howard, allowed state aid, 380

Hollis Street Church, name established 23

HoUiston Water Company, incorporated, «1

Holyoke. city of, water supply for, ....... .")0

police court, salary of clerk 50

Holyoke Water Power Company, deed to , of the Proprietors of the

Locks and Canals on Connecticut River, confirmed, . . 20

Home, Soldiers, in Massachusetts, allowance to trustees of, . . :'.72

Homoeopathic Hospital, Massachusetts, may hold additional estate, . 25

Homojopathic hospital for the insane, established, .... 353
Hopkinton Railroad, uia}^ be purchased or leased by the Milford and

Woonsocket Railroad Company, Ill

Horse Railroad Company, Newburyport and Amesbury, maj^ issue

mortgage bonds, • 131

Horticultural societies, certain property of, exempt from taxation, 141

Hospital, Massachusetts Homoeopathic, may hold additional estate, . 25

homoeopathic, for the insane, established. .... 353

state lunatic, at Taunton, in favor of, 373

Hospitals, state lunatic, female physicians to be appointed a.ssistant

physicians in, . • . . . . . . . . loi

trustees of, to consist of five men and two women, . . . 125

Hotel Company, United States, may increase capital stock, . . 25

Hotels and public buildings, safety appliances in, .... 184

Housatonic Water Company, incorporated, 242

House of representatives, salaries of clerk and assistant clerk of, 358, 367

Householders, to give notice of cases of dangerous diseases, . . 77

Hovey and Crandon PublLshing Company, name changed, ... 49
Husband and wife, transfer of property between; amendment to

P. S. 147, §3 110

Hyde Pai'k Water Company, incorporated. ...... 68

Imprisonment upon two or more sentences, commitments tf>, . . 247

Improvements, public, assessments for 199

Indenture between the Commonwealth and the Boston and Koxljiiry

Mill Corporation, construction of, 383

Indebtedness, municipal, limitation of, 109

xviii Index.

Page
Independent Order of Foresters, Court Little John, Number Six,

name changed,, . . . . . . , . . . .53

Industrial statistics, to be talcen under direction of ttie bureau of

statistics of labor, 145

139

353

Industrial School for Girls may hold additional estate.
Injuries received on the Lord's Day, actions relating to, .
Inn, fraudulently obtaining entertainment at, penalty for, .
Insane, Homoeopathic Hospital for, established, ....

chronic, asylums for, may be established by cities having

more than 50,000 inhabitants, 193

Insolvency, composition with creditors in, provided for, . . . 195

Insolvent debtors, accounts of assignees to be sworn to, . . . 105

Insolvent estates, equitable liabilities provable against, . . . 271

Insolvent savings banks, custody of books and papers of,. . . 55

Inspection and sale of milk and butter, 324

Inspectors of milk, to enforce laws against adulteration of vinegar, 308

Inspectors of vinegar, may be compensated by cities and towns, . 133
Institutions for savings. (See Savings Banks.)

Instruction in the elementary use of hand tools in the public schools, 53

Insurance of plate glass, 119

Insurance companies, fidelity, 272

may elect their directors by classes, 56

time fixed for tiling annual statements of, .... 181
re-insurance of risks only to be eflected in comjianies author-
ized to do business in this state, 102

domestic, securities to be returned to, by treasurer of the

Commonwealth upon certificate of commissioner, . . 102

domestic marine, may insure against loss by fire and lightning, 141
foreign fire, not making returns of foreign business and assets,

shall not publish or advertise the same in this state. . . 42
fire and marine, re-insurance of risks; returns to insurance

commissioner, 142

life, payment by, for valuation of policies, .... 41

life, not to discriminate against persons of color, . . . 194
Intoxicating liquor, warrants of search for, may be issued by any

justice authorized in criminal cases, 156

not to be delivered to a person known to be supported by

public charity 131

Investments on personal securities, etc., by savings banks and insti-
tutions for savings, 42, 138

Ipswich, town of, may raise money to celebrate anniversary, . . 78

Iron Company, Washburn, name changed, 180

Judicial department, 491

Justice of the peace, Moses N. Arnold, acts confirmed, . . . 375

Jerome H. Fiske, acts confirmed, 393

Index. xix

Page

Justice of the peace, Milton B. Whitney, acts confirmed, . . . 392
Justices of the peace to issue wai'rants and take bail, ina,v be desig-
nated by governor Avithin the judicial district of a district
or police court. 266

Kenuey, John, allowed state aid, 371

Kindergarten, Florence, trustees of, incorporated, .... 67

9
385
145
242

Labor, bureau of statistics of, a second clerk authorized, .

to collect forestry statistics,

to have charge of taking the census and industrial statistics,
Lamson Cash Railw^ay Company, may increase capital stock,

Lancaster Water Company, incorporated,

Land-locked salmon and trout, may be taken and sold between first

of September and first of April, 139

Lands and flats in South Boston, certain interests in, may be pur-
chased by the harbor and land commissioners. . . . 390

may be taken by the Commonwealth, 269

Langmaid, Lucy T., allowed state aid, 374

Lawrence Academy, property of, may be purchased by the town of

Falmouth, 59

Lawrence, city of, may incur debts in establishing a system of

sewers, 112

Laws relating to elections to be published and distributed, . . 391
Laws and public documents, printing and distribution of, . . . 135
Lectures before the board of agriculture, allowance for, ... 50
Legislature, compensation of members of, .... 346, 447

Librarian of state library, to transfer a map to the superintendent

of the U. S. coast survey, 342

License for sale of intoxicating liquors subject to forfeiture, if liquor

is sold to pei'son supported by public charity, . . .131
Licenses, dog, to be recorded in places where dogs are kept, . . 152
Lien upon i-eal estate for assessments for public improvements, to

continue in case of suit for one year after final judgment, . 199
Life Assurance Company, State Mutual, of Worcester, may hold ad-
ditional real estate, 36

Life insurance companies, payment by, for valuation of their policies, 41
not to discriminate against persons of color, .... 194
Liquor, intoxicating, warrants of search for, may be issued by any

justice authorized to act in criminal cases, .... 156
not to be delivei'ed to a person known to be supported by pub-
lic charity, 131

Lobsters, protection of, I77

XX Index.

Page
Locks and Canals on Connecticut River, deed to Holyoke Water

Power Company confirmed; corporation dissolved, . . 26

Lord's Day, actions for injuries receiA'ed on, ..... 30

Lowell, Highland Congregational Church in, incorporated, . . 174
Lowell and Framingham Railroad Company, may issue new bonds

and mortgage property to Old Colony Railroad Company, . 16
Lunatic hospital, state, at Taunton, highway may be laid out over

lands of, 248

in favor of, . 373

Lunatic hospital, state, homoeopathic, established, .... 353
Lunatic hospitals, state, female physicians to be appointed assistant

physicians in 101

trustees of, to consist of five men and two women, . . . 125

Lyman school for boys, name established, 355

Lynn, city of, may borrow money for building drains and sewers, . 68

may supplv town of Nahant with water. ..... 264

may supply town of Swampscott with water. .... 265

Lynn Workingmen's Aid Association, property exempt from taxa-
tion 152

Maiden, city of, may issue additional water l)onds 78

highways in, may be straightened and otherwise altered by

the city council. 150

Manchester, town of, may build bridge across a tide-water creek. . 122
Mansfield Lake Aqueduct Company, incorporated, .... 97
Manufacturers' (Jazette Publishing Company, name established, . 49
Map of the Commonwealth, authorized to be made, .... 390
Map of the route of the proposed Cape Cod Ship Canal to be trans-
ferred to superintendent of the coast survey, . . . 342
Marblehead, town of, mav take land for purpose of increasing water

supply, 54

Episcopal Parish in, relating to, 122

Marine insurance companies, domestic, may insure against loss by

fire and lightning, ......... 142

Marine and fire insurance companies, reinsurance of risks ; returns to

commissioner, .......... 142

Market Company, Clinton, incorporated 60

Married women, disposal of their separate estate by will or deed, . 303

Mashpee, town of, fisheries regulated, 246

Masonic Education and Charity Trust, incorporated, . . . 182
Massachusetts Agricultural College, additional copies of report of

trustees, 381

in aid of, 382

Massachusetts Charitable Eye and Ear Infirmary, allowance to, . 369

Massachusetts Experimental Station at Amherst, i-eport to be printed, 382

Massachusetts Homoeopathic Hospital, may hold additional estate, . 25

Index.

XXI

Massachusetts School for the Feeblc-Minded, notice to be given to
authorities of cities and towns upon application for commit-
ment to,

McLaughlin, William and Catharine, allowed state aid,

Measure, sale of coal by, regulated,

Measure, standard, for cranberries ; barrels and crates to be branded.
Medical examiner for the northern district of the county of Franlcliu,
Meigs Elevated Railway Company, incorporation authorized, .
Members of the legislature, compensation of, .... ;546
Mercantile establishments, employment of minors in,
Merrimaclc River, Ashing in, relative to, .
Messages of the Governor :

Pardons granted, 1883,

Troy and Greenfield Railroad and Hoosac Tunnel,

Rhode Island boundary line

Forestry. ........

Death of Hon. Charles R. McLean, .

Water supply for Watertown

Portrait of Hon. Chai'les Sumner,

Pile structure in Charles River, ....

Compensation of members of tlie legislature. .
Messenger, executive, salary established, .
Messenger corps, soldiers', allowance to, .
Middleborough, town of, water supply for,
Middleborough Fire District to l)ecome a corporation if
to accept water act, .....

Milford and Woonsocket Railroad Company, may purch:
a lease of the Ilopl^iuton Railroad and increase
stock, ........

Militia, volunteer, allowance to officers, for care of military
Militia, volunteer, concerning, . . . . ,

Milk, inspectors of, to enforce laws against the adulteration of

vinegar

Milk and milk products, adulteration of. laws ayainst

forced,

Milk and butter, inspection and sale of, . . ,
Miner, Alonzo A., allowance to, .
Minor children, penalties for not supporting,
Minors, sale of firearms, etc., to, prohibited.

employment of, in mercantile establishments, .
Mittineague Congregational Society, name changed to

tineague Congregational Society of West Springfield, .
Montague, town of, taxation of camp-meeting buildings, etc.. in.
Monuments on the battlefield at Gettysburg, erection of.
Monuments, etc., to the memory of soldiers and sailor

erected and kept in repair by towns,
Moran, Daniel F., allowed state aid, ....
Mount Holyoke Female Seminary, allowance to.

se or take
its capital

43,
town fails

Page

67
:^71

53
132
352

63
447
261
345

429
437
438
438
438
438
442
443
447
30
376
272

property.

to be en

the Mit

maj' be

111
36

186

308

268
324
377
177

261

104
267
375

35
371
373

xxii Index.

Page

Mutual Aid Association, Cambridge Police, incorporated, . . . 209

Municipal indebtedness, limitation of, 109

Mutual Life Assurance Company, State, of Worcester, may hold

additional real estate, 36

Mystic River Corporation, concerning, 151

Mystic, Blackstone and Charles Rivers, drainage for valleys of, . 388

Nahant, town of, water supply for, 264

Names changed, list of, to be published by the secretary of the Com-
monwealth, 210

Names changed in 1883, 452

Natick, tov.n of, may renew certain water bonds, 25

Navigable waters and harbors, protection of, 249

Navy, officers, sailors, and marines in, during the war of the rebel-
lion, list to be completed, 381

Needham Cemetery Association, incorporated, 166

Nets in ponds, use of, prohibited, 345

New Bedford, city of, aldermen to be paid salaries, .... 42

port of, outward bound whalers not required to employ a pilot, 178

New England Assurance Association, incorporated, .... 119
New England Spiritualists' Camp-Meeting Association, taxation of

buildings, etc., in Montague, 267

New York and New England Railroad Company, application of pro-
ceeds of sales of second mortgage bonds ; may issue pre-
ferred stock, 61

protection of the interests of the state in bonds of, . . 369
Newburyport and Amesbury Horse Railroad Company may issue

mortgage bonds, 131

Newton, city of, may effect an additional w^ater loan, ... 19
Newton, city of, Boston and Albany Raih'oad Company may build

branch of road through, 80

Ni'Wton Theological Institution, may hold additional estate, . . 73

Normal school, state, at Bridgewater, in favor of 379

Bridgewater, fli-e escapes for boarding house at, . . . 390

Framingham, in favor of, 379

Salem, in favor of, 378

"Worcester, in favor of, 384

North Attleborough Gas Light Company, may lay pipes in Wreu-

tham and increase capital stock, 110

North Attleborough, Fire District Number One, proceedings con-
firmed, ........... 28

North Brookfleld. Union Congregational Society in. proceedings con-
firmed, • . . 74

North River, in Plymouth County, fisheries regulated, . . .169

North River, in Salem, city may fill land and flats in, ... 157

Northern Berkshii'e, district court of, sessions at Adams, . . . 248

Index. xxiii

Page

Northern Worcester, first district court of, establislied, . . . 179

Nortliborough, town of, may effect an additional water loan, . . 20
Norton, town of, may receive property from Cyrus Hicks and hold

the same in trust, 121

Norwich and Worcester Railroad, part of location in city of Worces-
ter discontinued, . . 129

Norwood, First Congregational Church in, name established, . . 200

Notary public, Frederick J. Barnard, acts confirmed, .... 368
Notice to cities and towns upon application for commitment to

Massachusetts School for the Feeble-Minded, ... 67

Ocean Terminal Railroad Company, organization confirmed and time

for completion extended, . . . . . . .1.51

Ocean Terminal Railroad Dock and Elevator Company, time ex-
tended for purchase of certain franchises and property, . 151
Officer of a state institution, sale of propertj' by, .... 357

Oflicers authorized to expend public money, advances to, . . . 142
Officers in the volunteer militia, allowance to, for care of militarj'

property, 36

Old Colony Railroad Company, may take land for additional tracks, 12
Low^ell and Framingham Railroad Company may mortgage its

property to, .......... 16

may be allowed by the commissioners to abandon the Melville

station, and relocate the Centre Street station, ... 36

. 324

s of labor, 40

. 135

. 181

. 265

Oleomargarine or imitation butter, sale regulated,
Opei'atives, doors of buildiugs not to be locked during hour
Orange, town of, water supply for. ....
Orange Water Works, incorporated, ....
Otis, town of, proceedings at town meeting, confirmed.
Oysters, planting and growing of, relating to,

Pardons granted, 1883, 429

Parish, Episcopal, in Marblehead, relating to 122

First Congregational, of Hamilton, conveyance confirmed ;

corporation dissolved, 103

First, in Needham, may convey burial ground to Cemetery

Association 166

First, in Towusend, Inhabitants of. dissolved upon organiza-
tion of a new parish, 200

Parks, public, betterments for laying out, 185

Parks, public, in the city of Worcester 245

Parks. Jane, granted an annuity, 378

Pawnbrokers, relating to, 356

Pensioners, invalid, and dependent relatives, state aid extended to, 29

xxiv Index.

Page
Phillips Beach, sand and gravel not to be taken from, without per-
mission, 176

Physicians, female assistant, for state lunatic hospitals, . . . 101
Physicians and householders to give notice of cases of dangerous

diseases, 77

Pilotage, fees regulated, etc., 216

outward bound whalers from New Bedford not required to pay, 178

Plymouth, fourth district court of, compensation of clerk, . . 175

jail and house of correction at, to be enlarged, etc., . . 267

Plymouth County, North River in, fisheries regulated, . . . 169

Police court of Brookline, salary of justice 177

Chelsea, salary of clerk, 166

Holyoke, salary of clerk, 50

Police, district, examination of candidates for, 156

Police and district courts, sessions may be adjourned by sheriffs and

their deputies, 153

Policies of life insurance, valuation of, 41

Pollution of sources of water supply, prevention of, ... 128

i'onds, use of nets in, prohibited, 345

public, bathing in, prohibited, 140

Public records of parishes, towns and counties, condition of to be

reported upon to the next legislature, 389

Practice in the superior court, disposition of actions upon the trial

list, 305

Prison commissioners, secretary of, extra allowance to. . . . 361

Prison, state, at Concord, coal sheds to be constructed at, . . 370

in favor of, 386

salary of the engineer established, 74

warden to terminate contract with the Waring Hat Manufac-
turing Company, 390

Prison, state, established at Boston, 220

Prison for women, reformatory, salaries and duties of certain

officers of, 35

in favor of, .......... . 368

Prisoners at state workhouse, ........ 392

released upon probation, to be returned to continement if

conditions are violated, 126

Prisoners, male, reformatory for, at Concord, established, . 220, 360
Probate court, when term occurs on a holiday or election day, court

to be held on next secular day, 121

Probate court and court of insolvency in Sufi"olk County, officer in

attendance to serve precepts, 121

for county of Berkshire, salary of judge and register, . . 156
Probate courts in the county of Hampden, times and places of

holding, 271

Probate proceedings, allowance of costs and expenses in, . . 110

in the county of Suflfolk, expense of recording, . . . 102

Index. xxv

Page
Proprietors of the Locks aiul CaiuUs on Connecticut River, deed of,

confirmed, 2fi

Provincial laws, concerning the printing of, 885

Public buildings, safety appliances in, 184

Public documents and laws, printing and distribution of, . . . i:55

Public health, diseases dangerous to, concerning, .... 77

Public improvements, assessments for, relating to 199

Public money, advances from treasury to officers authorized to expend, 142

Public schools, to prevent spread of contagious diseases througli, . 50

elementary use of hand tools to be taught in, . . . . 53
text-books and supplies to be furnished to pupils free of

charge, 79

Publishing Company, Hovey and Crandon, name changed to Manu-
facturers' Gazette Company, ....... 49

Quincy, town of. may pay certain bounties, ..... 58

Railroad commissioners, to report to legislature concerning abolition

of grade crossings in cities and populous parts of towns, . 380
to report to legislature concerning occupation of railroad loca-
tions by more than one company for transmitting intelli-
gence by electricity, 386

Railroad companies, may take land for tracks, etc., with consent of

count J' commissioners, . . . . . . . .111

required to use safety couplers on freight cars, . . . 183

Railroad signals, injury or destruction of, 9

Railroad Corporations :

American and Mexican Pacific, name established, ... 56
Boston and Albany, may build a branch through Newton, . SO
Boston and Albany, to be proceeded against in the S. J. C.

concerning distribution of .shares received from the state, . 387
Boston, Barre and Gardner, may use proceeds of certain bonds, 305
Boston and Lowell, may consolidate with certain railroads

now leased or operated by it, 128

Boston and Lowell, extension of, may be aided by to\vns of

Bedford and Billerica, 184

Charles River Street Railway, may issue mortgage bonds, . 40
Eastern, may extend its road in town of Essex, . . . 133
Framingham and Lowell, concerning bonds of, . . . H'>

Hopkinton, may !)e purchased or leased by the Milford and

Woonsocket Railroad Company, Ill

Lowell anil-Eramingham, may mortgage its property to Old
Colony, 16

xxvi Index.

Page
Kailroad Corporations — Concluded.

Milford and Woonsocket, may purchase or lease the Hopkin-

ton Railroad, and increase capital stock, . . . .111
New York and New England, proceeds of sales of second mort-
gage bonds ; may issue preferred stock, .... 61
New York and New England, protection of the interests of the

state in bonds of, 369

Newburyport and Araesbury Horse, may issue mortgage bonds, 131
Norwich and Worcester, part of location in city of Worcester

discontinued, 129

Ocean Terminal, organization confirmed and time for comple-
tion extended, . . 151

Old Colony, may take land for additional tracks, ... 12
Old Colony, may take mortgage of property from Lowell and

Framingham Kailroad Company, 16

Old Colony, abandonment of the Melville station and reloca-
tion of the Centre Street station, provided for, ... 36
Texas, Topolobanipo and Pacific, and Telegraph Company,

name changed and franchise extended, ..... 56
Troy and Greenfield, appropriation for double tracking, . . 186
Troy and Gi*eenfield, and Hoosac Tunnel, governor and coun-
cil re(iuested to report to legislatui'e concerning, . . . 389
Kailroad crossings at grade in cities, etc., relative to abolition of, . 380
Kailroads, branch, construction of, within eight miles of the state

house. 263

Railway Company, Charles River Street, may issue mortgage bonds, 40
Lamson Cash, may increase capital stock, .... 242

Meigs Elevated, incorporation authorized, .... 63

Raymond, Artemas, allowance to, 375

Real estate, lien upon, for assessments for public improvements. . 199
sold for unpaid taxes, disposition of residues from, . . . 133
titles to, corporations may be formed for examining and guar-
anteeing, ........... 143

of non-residents, dissolution of attachment of, when no per-
sonal service made upon defendant, 249

Real Estate and Improvement Company, Brockton, incorporated. . 250

Receivers of corporations, appointment of, 175

Recording probate proceedings in Suffolk County, expense not to ex-
ceed two thousand dollars, . . . .... 102

Records, public, of parishes, towns and counties, condition of, to be

reported to next legislature, 389

Records, files, papers and documents in the state department, com-
mission to report to legislature concerning, .... 387
Reform school for boys, state, name changed; appropriation for, . 355
Reformed Church Society, German, defects in corporate organiza-
tion remedied and mortgage confirmed, .... 193
Reformatory for drunkards, report to be made concerning establish-
ment of, .38

Index. xxvii

Page

Reformatory for male prisoners at Concord, established, . . 220, 3G0
Reformatory prison for women, salaries and duties of certain officers, 35

in favor of, 368

established, 210

Registry of deeds in Worcester County, two districts for, . . 34

Registrars of voters to be appointed ; their duties, .... 278

Re-insurance of risks, taken by insurance companies on property

In this Commonwealth, ........ 102

returns to insurance commissioner, ...... 142

Relief of bail, upon the death of the principal, 241

Religious societies may appoint trustees who shall with tlieir succes-
sors be a body corporate, ')7

Resolution, tendering the thanks of the General Court to people of
Gay Head, to the officers and men of the United States Re-
venue Steamer Samuel Dexter, and to others, . . . 39(>
relating to the repeal of so much of the internal revenue law
of the United States as authorizes the manufacture of vine-
gar from alcohol which has paid no revenue tax, . . . 3!)7
relating to the Revenue Marine Service of the United States, . 398
tendering the thanks of the General Court to Isaac G. Fisher
and crew of the Peaked Hill Bar Life Saving Station, Pro-

viucetown, . , 398

399
398
396
241
379
370
264

concerning the Cape Cod Ship Canal. ....
Revenue Marine Service of the United States, resolution relating to
Revenue Steamer Samuel Dexter, thanks to officers and men, .
Revere Water Company, may supply town of Winthrop with water
Rhode Island boundary line, payment of expenses of establishing,

Richardson. Sarah N., in favor of,

Richmond's Pond, protection of game at

Right of suffrage, to ascertain by proper proofs citizens who are en

titled to,

Rockport, Granite Savings Bank in, incorporated, .... 76
Royalston, town of, proceedings at town meeting confirmed, . . 109
Rural Club, Greenfield, incorporated 12.5

Safety appliances in hotels and pul)lic buildings, relating to. . . 184

Safety couplers on freight cars, required to be used, .... 183
Salary of the deputy superintendent of the reformatory prison for

women, ........... 35

executive clerk of the governor and council 13

executive messenger, ......... 30

governor, 358

justice of the district court of Southern Berkshire, . . . 192
justice of first district court of Bristol, holding court in

.\ttleborough, 181

xxviii Index.

Salary of the justice of the rti-st district court of Eastern Worcester,

justice of the police court of Brookliue. ....

clerk of the police court of Chelsea, .....

clerk of the police court of Holyoke, ....

secretary of the Commonwealth,

sheriff'of the county of Dukes County

treasurer of Hampden County

judge and register of probate for Berkshire County,

sergeant-at-arms, .

engineer of the state prison at Concord, ....

and travelling expenses of the clerk of tlie fourth district

court of Plyraoutli

Salaries, of the clerks of the senate and house of representatives,

of the assistant clerks of the senate and house of represent-
atives,

Sale on execution, adjournment of, by court gi-anting injunction,

of land for taxes, by cities and towns, . . . •

of real estate for unpaid taxes, residue from, to be deposited
in treasury subject to demand of owner,

of intoxicating liquors to persons known to be supported by
public charity, prohibited,

of coal, by measure regulated,

of milk and butter, relating to, .

of oleomargarine or imitation butter, regulated,

of property under the inducement that a prize is part of the
transaction, prohibited nnder penalty, . .

of property l)y any officer of a state institution, itemized ac-
count to be filed with the treasurer

conditional, of furniture or other household effects,
Salem, city of, may till lands and flats in North River,

new jail to be provided in, . . . ." .

vacancies in school committee in. . . . .

state normal school at, in favor of,

Salmon, land-locked, concerning.

Sandwich, town of, divided and Bourne incorporated,

Sargent, Maria H., granted an annuity,

Savings banks, business to be conducted at banking houses,
Savings banks and institutions for savings, notice of meetings to be
sent to every member, .......

investments on personal securities by, 42,

insolvent, custody of books and papers of , . . .
Savings Bank, Granite, in Rockport, incorporated.
School committee, duties regarding diseases dangerous to public

health, 50, 77

School districts, abolished, actions in name of or against, may be

prosecuted or defended by cities and towns, .... 103

Index. xxix

Page
Soliool. Episcopal Theolonioal, at Cambridge, trustees may hold ad-
ditional estate Si

Industrial, for girls, may hold additional estate, ... 27

Massachusetts, for the Feeble-Minded, commitments to, . . 07

School fund, distribution of, ' . . 22

School, state normal, at Bridgewater, tire escapes for Ijoardiug-houses, 390

Bridgewater, in favor of 379

Framingham, in favor of 379

Salem, in lavor of, 378

Worcester, allowance to, . . . . . . . . 384

School, state reform, name changed to Lyman School for Boys, . . 355

Schools, public, to prevent spreading of contagious diseases through, 50

elementary use of hand-tools to be taught in, . . .. . 53

text-books and supplies to be furnished to pupils free of

charge, 79

Schools, union county truant, establishment of 129

Search warrants for liquors, may be issued by any justice author-
ized to issue warrants in criminal cases, .... 156

Secretary of the Commonwealth, additional allowance for clerk hire, 18

salary established. ......... 58

to furnish boards of health with books for reconling cases of

dangerous diseases, ......... 77

to publish a list of persons whose names have been changed, 210

to furnish blank books at cost price to registrars of voters. . 280

to provide ballot boxes for cities and towns, .... 293

records and files in department of, . . . . . . 387

to publish and distribute the laws relating to elections, . . 391

Secretary of the board (jf agriculture, allowance for clerk hire, etc., 50

additional number of reports to be printed, .... 387

Secretary of commissioners of prisons, allowance to, . . . 361

Seminary, Mount Holyoke Female, allowance to, ... . 373

Senate, salaries of clerk and assistant clerk of, . . . . 358, 367

Sentences to imprisonment, commitments upon two or more. . . 247

Sergeant-at arms, salary established, ....... 367

Sermon, election, abolished, ....... -^ . 49

Service of process in proceedings in equity, . . . . .• 344

Service, civil, of the Commonwealth and the cities thereof, . . 346

Sheriff of the county of Dukes County, compensation of, . . 177
Sheriffs and their deputies, may adjourn sessions of district and

police courts, 153

Ship Canal. Cape Cod, resolution concerning ..... 399

Ship Canal Company, Cape Cod, in relation to, 256

Shurtlett, Francis, allowance to, 378

Sigma Phi Society of Williams College, trustees of. may hold addi-
tional estate, . . . . . . . . . .185

Signals, railroad, injury or destruction of 9

Slattery, Bridget, allowed state aid, 372

Smith, Lebbeus W., allowance to, 376

XXX Index.

Page

Societies, horticultural, certain property of, exempt from taxation, . 141
Societies, religious, may appoint trustees who shall, with their

successors, be a body corporate 57

Societies :

Agricultural, Blackstone Valley, incorporated, ... 37
Chapel Congregational Church in Cambridgeport, name

changed, 23

Episcopal Parish in Marblebead, relating to, . . . .122

First Congregational, of Hamilton, conveyance to, confirmed, 103

First Parish in Needham, may convey burial ground, etc., . IGfi
First Parish in Townsend, may be dissolved upon formation of

First Parish Religious Society of Townsend, . . . 200
Free Evangelical, of Attleborough. proceedings confirmed, . 153
German Keforrned Chui-ch, organization and mortgage con-
firmed, 193

Highland Congregational Church in Lowell, incorporated, . 174

Hillside Agricultural, allowance to, 381

Mittineague Congregational, name changed to the Mittineague

Congregational Society of West Springfield, . . . 104
Sigma Phi, of Williams College, trustees of, may hold addi-
tional estate, 185

Union Congregational, in North Brookfield, proceedings con-
firmed, 74

Soldiers' Plome in Massachusetts, allowance to trustees of. . . 372

Soldiei's' Messenger Corps, allowance to, 376

Soldiers and sailors, payment of state aid to, 29

monuments, etc., to the memory of, may be erected by towns, 35

Somerville, city of, sewerage of, 158

Somerville Wharf and Improvement Company, incorporated, . . 255
South Abington, town of, may make an additional water loan, . .79
South Boston, lands and fiats in, may be taken by the Common-
wealth, 269

lands and flats in, harbor and land commissioners may pur-
chase certain interests in, 390

Commonwealth's flats at, improvement of, 343

South Church in Dedham, name changed to First Congregational

Church in Norwood ; may hold additional estate, . . . 200
South Pocasset Cemetery Association, organization confirmed; may

take and hold certain real estate, ...... 165

Southern Berkshire, district court of, salary of justice; office of

clerk abolished, 192

Special election to fill vacancy in twelfth congressional district, . 3

Springfield, city of, charter amended, 304

new jail and house of correction in, 205

State aid to invalid pensioners and their dependent relatives, time

extended for payment of, 29

State almshouse, in favor of, 37&

Index. xxxi

Page

State almshouse aud state workhouse, appointment of trustees;
inmates of pauper departments may be transferred each

to the other, 278

State department, records, flies, etc. , in, relating to, . . . . 387
State house commissioners aud committee on state house. Id liave

care and custody of the Commonwealth building in lioston, 18

State house and Commonwealth building, repairs aud improvcuuMits, 8!t2

State lunatic hospital, at Taunton, in favor of, o7:>

State lunatic hospital, homeopathic, to l)e established, . . . o')'.)
State lunatic hospitals, female physicians to be appointed :issi-,t!int

physicians in, !<•!

trustees of, to consist of five men aud two women, . . . 125
State Mutual Life Assurance Company of Worcester, may hokl ad-
ditional real estate, .......•.">(;

State normal school at Bridgewater, fire escapes for boarding iiouse. iS'.iO

Bridgewater, in favor of, 87'.i

Framingham, in favor of, ....... . oTd

Salem, in favor of, ........ . 378

Worcester, in favor of, ........ 38+

State prison, at Concord, warden to terminate contract with the

Waring Hat Manufacturing Company, 390

salary of engineer established, 74

in favor of, .......... . 3S(;

coal sheds to be constructed at, 370

State prison to be established at Boston, 220

State reform school, name changed to Lynum School for Boys : ap-
propriation for, etc., ........ 355

State tax of $2,000,000, apportioned and assessed, .... 325

State workhouse at Bridgewater, additional buildings for, . . 385

commitments to, ......... . 240

appointment of ti'ustees, 273

in favor of, 377

concerning, . , . 3!)2

Stearns, George A., in favor of, 370

Steel Works, Worcester, name established, 180

Stock in corporations, transfer of, 18(>

Street Eailway Company, Charles River, may issue mortgag(! bonds, 40

Streets, ways and public parks, betterments for laying out, etc., . 185
Suflblk County, probate court and court of insolvency in, officer in

attendance at, to serve process, . . . . . .121

. expense of recording probate proceedings in . . . . 102

Suffrage, right of, method of ascertaining who are entitled to. . . 275

" Suit," the word, in P. S. 159, § 44, construed 13!)

Suits in equity to reach and apply the property of a debtor, . . 26G

Sunderland Water Company, incorporated, 84

Superior court, disposition of actions upon the trial list, . . . 305

examination of district police by judge of, .... 15(>

xxxii Index.

Page
Surety on bonds, companies may be formed to guarantee fldelity of

persons, and to act as, 272

Swanipscott, town of, beaches in. 176

water supply for, 265

Sweetser, Cornelius, acceptance by town of Wakefield of bequest un-
der will of, legalized 60

'I'uunton, city of, may increase its water loan. ..... 132

city of, may lay out a highway through land of the Tannton

Lunatic Hospital, 248

state lunatic hosi)ital at, in favor of, 373

Tax, state, of $2,000,000 apportioned and assessed, .... 325
Taxation, of buildings and structures upon the grounds occupied by
the New England Spiritualists' Camp-Meeting Association,

in Montague, 267

certain property of horticultural societies exempt from. . . HI
property of LjMin Workingnien's Aid Association, exempt

from 152

Taxes, county, granted 374

sales of land by cities and towns for, 204

unpaid, residue from sale of real estate for, to be deposited in

treasury subject to demand of owner, 133

Telegraph and telephone lines, compensation foi' damage occasioned

by erection of, 306

Telephonic, telegraphic and otiier electrical lines, construction, etc.,

regulated, 304

Texas, Topolobampo and Tacitic Railroad and Telegraph Company,

name ciiauged and franchise extended 56

Text-books and school supplies, to be furnished to pupils in the pub-
lic schools free of charge, 79

Theological Institution, Newton, may hold additional estate, . . 73
Theological School, Episcopal, at Cambridge, may hold additional

estate, 34

Titles to real estate, corporations to examine and guarantee, may be

formed, 143

Topographical surAcy and map of the Commonwealth, . . . 390
Towns, voting precincts in, amendment to tlie constitution proposed.

to provide for, 394

proceedings in town meetings confirmed, where tellers were'

not appointed, etc., . 271

ma}" grant and vote money for certain memorial purposes. . 35
Tow ns and cities, may prosecute or defend actions in the name of or

against abolished school districts, 103

may issue bonds and scrip, 109

may compensate inspectors of vinegar, 133

Index. xxxiii

Page
Towns and cities, may hold and apply moneys foi* care of public or

private burial places, ........ 152

sales of land by, for taxes, 204

Towns :

Adams, sessions of the district court of Northern Berkshire at, 248

Abiugton, water supply for, 206

Barnstable, fisheries regulated, 246

Bedford, may aid extension of Boston and Lowell Railroad, . 184

Belchertown, acceptance of will of Calvin Bridgeman, ratified, 74

Billerica, may aid extension of the Boston and Lowell Railroad, 184

Bourne, incorporated, 105

Bradford, water supply for, 113

Brookline, may make additional water loan, .... 80

Chilmark, resolve iu favor of certain inhabitants of, . . 380, 396

Clinton, may issue additional water bonds, .... 100

Concord, may increase its water supply, 171

East Bridgewater, may pay cei'tain bounties, .... 59

Essex, extension of Eastern Railroad into, .... 133

Everett, may raise money to extend water pipes, ... 36

Gay Head, resolve in favor of certain inhabitants of, . 380, 396

Holdeu, allowance to, 376

Holliston, water supply for, . 81

Falmouth, may purchase the Lawrence Academy, ... 59

Ipswich, may raise money to celebrate anniversary, . . 78

Lancaster, water supply for, 87

Marblehead, may take land for increasing water supply, . . 54

Manchester, may build bridge across a tide water creek, . 122

Mashpee, fisheries regulated, 246

Middleborough , water supply for, 43, 272

Montague, taxation of camp-meeting structures in, . . . 267

Nahant, water supply for, ........ 264

Natick, may renew certain water bonds, ..... 25

Northborough, may eflect an additional water loan, . . 20
Norton, may receive certain property from Cyrus Hicks and

hold it in trust, 121

Orange, water supply for, 135

Otis, proceedings at town meeting confirmed, .... 181

Quincy, may pay certain bounties, 58

Royalston, proceedings at town meeting confirmed, . . 109

Sandwich divided, and town of Bourne incorporated, . . 105

South Abingtou, may make an additional water loan, . . 79

Sunderland, water supply for, 84

Swampscott, beaches in, 176

Swampscott, water supply for, 265

Wakefield, acceptance of bequest under will of Cornelius Sweet-

ser, legalized, 60

Waltham, proceedings of town meetings confirmed, , . 122

"Waltham, may issue additional water bonds, .... 134

xxxiv In^dex.

Page

Towns — Concluded.

Waltham, additional water supply for, ...... 231

Waltham, granted a city charter, 308

Watertown, water supply for, 213, 438

Wellesley, may effect an additional water loan, ... 21

Westport, to appoint officer to see that game law is enforced, 264

Wiuthrop, water supply for, ... ... 241

Woburu, public cemeteries in, to be in chai'ge of commission-
ers, 90

Woburn, votes in relation to water supply, confirmed, . . 169
Townsend, Inhabitants of First Parish in, dissolved upon organiza-
tion of a new parish, 200

Transfer of stock in corporations, 186

Treasurer of the Commonwealth, to return certain bonds to Clara

Barton, 384

to return securities to home insurance companies upon certifi-
cate of the insurance commissioner, 102

itemized account of propertj'^ sold by any officer of a state

institution to be filed with, 357

may borrow money in anticipation of the revenue, . . . 368
with advice of the attorney general, may settle claim against

the late surveyor general of lumber, 389

Treasurer of Hampden County, salary established, .... 97
Treasury, advances from, to officers authorized to expend public

money, 142

Trespass, protection of private lands from, by persons in pursuit of

game, ........ . . 308

Trial list, in the superior court, disposition of cases upon, by agree-
ment, 305

of criminal cases to be deposited with clex'k before trials begin, 157
Trout, land-locked salmon and lake trout, not to be taken or sold

between first day of September and first day of April, . 139
Troy and Gi'eenfield Railroad, appropriation for double tracking, . 186
Troy and Greenfield Railroad and Hoosac Tunnel, governor and coun-
cil requested to report to legislature concerning, . . . 389
Truant schools, union county, establishment of, .... 129
Trust, Masonic Education and Charity, incorporated, . . . 182
Trustees, may be appointed by churches or religious societies who

shall with their successors be a body corporate, ... 57
Episcopal Theological School at Cambridge, may hold addi-
tional estate, 34

Florence Kindergarten, incorporated, 67

Sigma Phi Society of Williams College, may hold additional

estate, ..... 185

Soldiers' Home in Massachusetts, allowance to, . . . 372

state lunatic hospitals, to consist of five men and two women, 125

Index. xxxv

Page
Turner, Mari;aret, of Watertovvn, right of the Commonwealth in
personal propert,y of, granted to George A. Stearns and

Sarah N. Richardson, 370

Union Congregational Society in North Brookfield, proceedings con-
firmed, 74

Union county truant schools, establishment of, 129

Unitarian Association, American, may hold additional estate, . . 25

United States Hotel Company may increase capital stock, . . 25
United States Revenue Steamer, Samuel Dexter, resolution of thanks

to officers and men of, 396

Vacancy in twelfth congressional district, special election to fill, . 3

Valuation of policies of life insurance companies, payment for, . 41

Vinegar, inspectors of, may be compensated by cities and towns, . 133

to prevent adulteration of, 307

resolution concerning manufacture of, from alcohol wliich has

paid no revenue tax, 397

Voluntary associations, embezzlement bj^ officers and servants of, . 140

Volunteer militia, allowance to officers for care of military property, 36

concerning, ........... 186

Vote, method of ascertaining who are entitled to, ... . 275

Voters, registrars of, to be appointed ; their duties, .... 278

Voting at elections, concerning, :-89

Voting precincts in towns, amendment to the Constitution proposed

to provide for, 394

Wade, Rufus R., allowance to, 369

Waitt, Moses B., allowed state aid, 372

Wakefield, town of, acceptance of bequest under will of Cornelius

Sweetser, legalized, 60

Waltham, town of, proceedings of town meetings confirmed, . . 122

town of, may issue additional water bonds, .... 134

town of, water supply for, 234

city, of, incorporated, ........ 308

Wards, division of cities into, 104

AVaring Hat Manufacturing Company, contract with, to be ter-
minated by the warden of the state prison, .... 390
Warrants of search for liquors may be issued by any justice au-
thorized to issue warrants in criminal cases. . . . 156
Warrants issued by justices of the peace, rehvting to, . . . 266

XXXVl

Index.

Page

Washingtou Cemetery Association at Gloucester, proceedings

firmed,

Washington Mills Company, incorporated, .

Waslil^urn Iron Company, name changed to Worcester Steel Woi'ks

Water bonds, Abington may issue, . ...

Attleborough Fire District Number One, may issne

Braintree Water Company may issue,

Clinton may issue additional, ....

Holliston Water Company may issue,

Hyde Park Water Company may issue.

Maiden may issue additional, ....

Natick may renew

Waltham may issue additional, 134

Watertown Water Supply Company may issue,

West Springfield Atjueduct Company may issue additional
Water Company, Athol, may increase its water supply,

Bradford, incorporated,

Braintree, incorporated,

Framingham, incorporated.

Holliston, incorporated,

Housatonic, incorporated, .

Hyde Park, incorporated, .

Lancaster, incorporated,

Eevere, may supply town of Winthroi

Sunderland, incorporated, .

Watertown, incorporated, .
Waterworks, Orange, incorporateil, .
Water loan for Abington,

Brockton, may be increased,

Brookline, may be increased,

Cambridge may make additional,

Dalton Fire District, may be made,

Holyoke, may be made,

Middleborough, may be made,

Newton, may be increased,

Northborough, may be increased.

South Abington, maj' make an additional,

Taunton, may be increased,

Wellesley, may be increased,

Woburu, confirmed, .
Water Power Company, Holyoke, deed to, confirmed,
Water supply, to prevent sources of, from pollution, .

batliiug in ponds used for, prohibited under penalty.
Water Supply :

Abington,

Athol,

Bradford,

Braintree, ' •

p with water

Index. xxxvii

Page
Water Supply — Concluded.

Cambridge, 228

Concord, ........... 171

the Fire District of Daltou, 116

village of Great Barrington, 97

village of Housatonic, in Great Barringtou, .... 242

Framingham, 250

Haverhill, 217

Holyoke, 50

HoUiston, 81

Lancaster, 87, 100

Marblehead, 54

Middleborough, 43, 272

Nahaut, 264

Orange, 135

Sunderland, 84:

Swampscott, 265

Waltham, 234

Watertown, 213, 438

Winthrop, 241

Worcester, 123

Watertown Water Supply Company, incorporated 213

Wellesley, town of, may effect an additional water loan, ... 21

Wellesley College, may hold additional estate, 126

West Springfield Aqueduct Company, may issue bonds, ... 29
West Springfield, the Mittineague Congregational Society of, name

established, 104

Westport, town of, to appoint ofticer to see that game law is enforced, 264
Whaling vessels outward bound from New Bedford not required to

employ a pilot, 178

Wharf and Improvement Company, Somerville, incorporated, . . 255

White, George, allowance to, 370

Whitney, Milton B., acts done as justice of the peace confirmed, . 392
Wife and husband, transfer of property between ; amendment to P.

S. 147, § 3, 110

Wills, expenses of executors in proof of, may be paid by special

administrators, 270

of married women, 303

Williams College, trustees of the Sigma Phi Society of, may hold

additional estate, 185

Winthrop, town of, water supply for, 241

Wire fences, barbed, not to be built within six feet above the ground

along a sidewalk, . . . . , 255

Witnesses, authority to summon, extended, 210

Woburn, town of, public cemeteries in, to be in charge of commis-
sioners, 90

votes in relation to water supply, confirmed, . . . .169

xxxviii Index.

Page
Women, to be appointed assistant physicians in state lunatic hos-
pitals, 101

Women, reformatory prison for, salaries and duties of certain

officers at, .......... 35

in favor of, 368

Women, married, disposal of their separate property by Avill or deed, 303

Wood Memorial Church, in Cambridge, name established, . . 23

Worcester, city of, water supply for, 123

part of location of the Xorwich and Worcester Eailroad in,

discontinued, 129

public parks in, 245

state normal school at, allowance to, 384

Worcester Lyceum and Natural History Association, name changed

to Worcester Natural History Society, 49

Worcester, State Mutual Life Assurance Company of, may hold

additional real estate, • .36

Worcester Steel Works, name established, 180

Worcester County, divided into two districts for the registry of

deeds, 34

Workliouse, state, commitments to, 240

in favor of, 377

additional buildings to be provided at 385

concerning, 392

Workhouse and state almshouse, appointment of trustees ; inmates of
pauper departments may be transferred from each to the

* other, 273

Workingmen's Aid Association, Lynn, property exempt from taxa-
tion, 152

Wormley, James, thanks of the Commonwealth tendered to, for his

gift of a portrait of Charles Sumner, 389

Wrentham, tow'n of, gas pipes may be laid in, by North Attleborough

Gas Light Company, 110

Young Women's Christian Association, Boston, may hold additional

estate, 57

APPENDIX.

The following tables have been prepared by Charles U. Bell, Esq.,
appointed to that duty under Chap. 238 of the acts of 1882, which
authorized the Governor to appoint some person to prepare " tables
showing what general statutes have been affected by subsequent
legislation, in such manner as to furnish ready reference to all
changes in such statutes."

A TABLE SHOWING WHAT GENEKAL STATUTES OF THE

COMMONWEALTH AND WHAT CHAPTERS OF THE

PUBLIC STATUTES HAVE BEEN AFFECTED

BY SUBSEQUENT LEGISLATION.

STATUTES OF THE COMMONWEALTH.

[The changes are more fully stated under the appropriate chapter of the Public Statutes.]

ST. 1874.
CHAPTER 372.
AN ACT CONCERNING BONDS OF RAILROAD CORPORATIONS.
Acts under it ratified. St. 1883, c. 7, § 1. P. S., c. 112, § 62.

ST. 1877.
CHAPTER 186.
AN ACT IN RELATION TO OVERSEERS OF THE POOR.
Amended. St. 1883, c. 203, § 1. P. S., c. 27, § 65,

ST. 1878.

CHAPTER 255.

AN ACT IN RELATION TO THE ELECTION OF SELECTMEN AND AS-
SESSORS IN TOWNS.

Amended. St. 1883, c. 203, § 1. P. S., c. 27, § G9 et seq.

ST. 1881.
CHAPTER 44.
AN ACT TO REGULATE THE TAKING OF FISH, ETC.
Section 4, amended. St. 1883, c. 76, § 2. P. S., c. 91.

xlii Public Statutes.

ST. 1882.

CHAPTER 74.

AN ACT R1:LATIVE TO THE PRESERVATION OF CHECK LISTS IN

CITIES.

Repealed St. 1884, c. 299, § 44. P. S., c. 7.

CHAPTER 102.
AN ACT CONCERNING FISHERIES, ETC.
Amended. St. 1884, c. 245. P. S., c. 91.

CHAPTER 106.

AN ACT IN RELATION TO THE TAXATION OF FOREIGN MINING,
QUARRYING AND OIL COMPANIES.

Amended by St. 1883, c. 74. Affected by St. 1884, c. 330, § 3. P. S.,
c. 13.

CHAPTER 139.

AN ACT TO PERMIT WOMEN TO PRACTISE AS ATTORNEYS AT LAW.

Such women ma}^ be special commissioners. St. 1883, c. 252. P. S.,
c. 18.

CHAPTER 179.

AN ACT RELATIVE TO PARADING WITH ARMS BY ASSOCIATIONS
COMPOSED OF SOLDIERS.

Superseded. St. 1884, c. 230, § 15. P. S., c. 14, § 127.

CHAPTER 212.
AN ACT TO ESTABLISH AN AGRICULTURAL EXPERIMENT STATION.
Reports provided for. St. 1883, c. 105. P. S., c. 20.

CHAPTER 247.

AN ACT RELATING TO THE CORRECTION OF NAMES UPON TAX-
BILLS, ETC.

Repealed. St. 1884, c. 298, § 53. P. S., c. 6.

CHAPTER 263.
AN ACT RELATING TO THE ADULTERATION OF FOOD AND DRUGS.
Amended. St. 1883, c. 263, § 1. St. 1884, c. 289, § 6. P. S., c. 208.

Table of Changes. xliii

CHAPTER 268.

AN ACT TO PROVIDE FOR THE CORRECTION OF OMISSIONS IN THE
REGISTRATION OF VOTERS.

Repealed. St. 1884, c. 298, § 53. P. S., c. 6.

CHAPTER 270, SECTION 4.
AN ACT FOR THE BETTER PROTECTION OF CHILDREN.
Amended. St. 1884, c. 210. P. S., c. 48.

CHAPTER 274.

AN ACT CONCERNING TRANSPORTATION OF LOGS AND TIMBER
UPON THE CONNECTICUT RIVER.

Section 2, repealed. St. 1883, c. 183, § 3. P. S., c. 94.

ST. 1883.

CHAPTER 52.

AN ACT TO EXTEND THE TIME WITHIN WHICH SAVINGS BANKS,
ETC., MAY SELL CERTAIN REAL ESTATE, ETC.

Amended. St. 1883, c. 248. P. S., e. 116.

CHAPTER 157.
AN ACT RELATING TO THE EMPLOYMENT OF MINORS AND WOMEN.
Limited. St. 1884, c. 275, § 4. P. S., cc. 48, 74,

CHAPTER 187.

AN ACT IN RELATION TO BOARDING HOUSES AND BOARDING-HOUSE

KEEPERS.

Amended. St. 1884, c. 169. P. S., c. 102, § 13.

CHAPTER 218."
AN ACT TO REGULATE THE SALE OF COAL BY MEASURE.
Amended. St. 1884, e. 70. P. S., c. 60, § 82. ^

CHAPTER 223, SECTION 5.

AN ACT GRANTING JURISDICTION IN EQUITY TO THE SUPERIOR

COURT.

Amended. St. 1884, c. 316. P. S., e. 151.

xliv Public Statutes.

CHAPTER 263.

AN ACT TO AMEND AN ACT RELATING TO THE ADULTERATION OF

FOOD AND DRUGS.

Repealed. St. 1884, c. 289, § 6.

ST. 1884.

CHAPTER 56.

AN ACT TO LIMIT THE LIABILITY WHICH MAY BE INCURRED BY
ANY ONE PERSON TO SAVINGS BANKS, ETC.

Repealed. St. 1884, c. 168. P. S., c. 116, § 20.

CHAPTER 255.
AN ACT TO ESTABLISH A REFORMATORY FOR MALE PRISONERS.
Added to. St. 1884, c. 331. P. S., c. 221.

PUBLIC STATUTES.

CHAPTER 1.

' OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES
CEDED TO THE UNITED STATES.

Sect. 1. Provision is made foi* defining the boundaiy between Massa-
chusetts and Rhode Island. St. 1883, cc. 113 ; 154.

Sect. 4. The United States are given concurrent jurisdiction with the
Commonwealth over lands of the United States Fish and Fisheries Com-
mission. St. 1882, c. 131.

CHAPTER 2.

OF THE GENERAL COURT.

The pay of members of the legislature is increased from S500 to $650.
St. 1884, c. 319.

Sects. 17, 18. The compensation of the messengers is fixed at five dol-
lars per da^', doorkeepers, assistant doorkeepers and postmaster at five
dollars per da}' and one hundred dollars in addition, and pages at three
dollars per day. St. 1882, c. 257, §§ 2, 3.

Sect. 21. The salaries of the clerks of the senate and house are in-
creased from $2,500 to $3,000. St. 1884, c. 329.

Table of Changes. xlv

Sect. 22. Compensation of assistant clerks of senate and house in-
creased to twelve hundred dollars, from nine hundred dollars. St. 1882,
c. 257. § 1.

Sect. 22. The salaries of the assistant clerks of the senate and house
are increased from $900 to 81,r)00. St. 1884, c. 334.

Sects. 24, 35. The provisions relating to the annual election sermon
are repealed. St. 1884, c 60.

Sect. 27. The limit of the number of doorkeepers, assistant door-
keepers, messengers and pages is increased from twenty-five to thirt^'-two.
St. 1882, c. 257, § 4.

Sect. 34. No session of the legislature, and public offices closed, on
Monday, when Christmas falls on Sunday. St. 1882, c. 49.

CHAPTER 3.

OF THE STATUTES.

Sect. 1. When an act is required to be accepted by a municipal or
other corporation, a return must be made by them of their action. St.
1883, c. 100.

Sect. 3. "Mayor and aldermen" shall mean "board of aldermen,"
unless provision is otherwise made, and except in case of appointments.
St. 1882, c. 164.

" Net indebtedness" of towns, cities and districts in the laws regulating
investments of banks, etc., shall be computed excluding water debts and
crediting sinking funds. St. 1883, c. 127.

CHAPTER 4.

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC

DOCUMENTS.

Tables of changes in the Public Statutes by subsequent legislation, and
indexes, are to be prepared and published with such editions of the laws
as the governor directs. St. 1882, c. 238.

Sect. 1 . Five thousand five hundred copies of the blue book are to be
printed, instead of four thousand five hundred. St. 1884, e. 166, § 1. ,

Sect. 7. " Of labor" is added after " bureau of statistics." St. 1882,
e. 6, § 1.

The number of copies of repoi'ts to be printed is changed as follows :

Registration of births, etc., 2,000 instead of 3,000.

State library, trustees of lunatic hospitals, state workhouse and alms-
house, 1,500 instead of 1,000. St. 1884, c. 166, § 2.

Sect. 9. The number of copies of the legislative manual is increased
from 4,500 to 5,000, and a copy given to each town and citv clerk. St.
1883, c. 55.

Sect. 10. St. 1882, c. 158, gives the assistant clerks the same docu-
ments as the clerks.

By Res. 1882, c. 57, a contract for the state printing for five j^ears is to
be made in the mode there provided.

xlvi PuBLTC Statutes.

CHAPTER 5.

OF THE STATE HOUSE, THE SERGEAXT-AT-ARMS, AND STATE

LIBRARY.

Sect. 10. The salary of the sergeant-at-arms is increased from $2,500
to $3,000. St. 1884, c. 333.

Sfx'ts, 1, 13. The Common wealth Building is put in charge of the same
officials and committee as the state house, and the janitor and fii'eman on
Pemberton Square are transferred to that building. St. 1884, c. 14.

Sect. 18. Two thousand dollars, instead of eighteen hundred, given for
assistance in the library. St. 1882, c. 29.

Sect. 20. The amount appropriated for books, furniture, etc., increased
to $3,800. St. 1882, c. 196.

CHAPTER 6.
OF THE QUALIFICATION AND REGISTRATION OF VOTERS.
Is repealed and a new chapter substituted. St. 1884, o. 298.

CHAPTER 7.

OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING

VOTES.

Sects. 36, 52. Where the ballots are recounted, the candidates must be
notified, and ma}' be present personally or by an agent appointed in writ-
ing. St. 1883, c. 42.

Sect. 45. If the copies of the records of votes are incomplete or
erroneous, new copies ma}' be required. Wilful neglect to furnish them
is punished. St. 1882, c. 28, §§ 1, 2.

An abstract of the returns, and a statement of all cases where corrected
returns have been received, are furnished to newspapers applying, and the
copies are open to inspection by persons interested. St. 1882, c. 28, § 3.

Detached stickers, or separate pieces of paper of a surface of less than
six square inches, are not to be counted, but are preserved. St. 1882,
c. 260.

This chapter, with the acts amending it, is revised. St. 1884, c. 299.

§§ 1, 2, 16, 17, 18, 19, 20, 21, 20, 27, 28, 29, 34, 36, 38, 39, 51, 52, 55,
62 are repealed, and the other sections amended. St. 1884, c. 299, § 44.

CHAPTER 9.

OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND
ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

Sects. 1, 2, fixing the congressional districts, are superseded by the new
act. St. 1882, c. 253.

Table of Changes. xlvii

CHAPTER 11.

OF THE ASSESSMENT OF TAXES.

Sect. 4, describing taxable personal estate, is amended in the line read-
ing, "• but not including in such debts due any loan on mortgage of real,"
bv striking out "due" and inserting in its place " or indebtedness." St.
1882, c. 76.

Sect. 5, CI. 3. The exemption given to literary, scientific, and char-
itable institutions, is lost b}' wilfully omitting to bring in the list required,
but it does not apply to corporations making returns to the insurance
commissioner. St. 1882, c. 217, § 2.

The property of the L3'nn Workingman's Aid Association is exempt.
St. 1884, c. 184.

Sect. 5, CI. 9. The property of unincorporated horticultural societies,
used for offices, libraries and exhibitions, is exempt. St. 1884, c. 176.

Sect, 14, which provides for the taxation of mortgaged real estate, and
prevents double taxation, is amended by St. 1882, c. 175.

Sect. 20. Two classes are added : 8th, personal property 'held by an
assignee in insolvency, or by an assignee for creditors, is assessed to him.
9th, held b}' joint owners, not partners, to them according to their respective
interests. St. 1882, c. 165.

Sect. 38. A return of mortgaged real estate, giving the amount of the
mortgage, is provided for in the law as to double taxation. St. 1882, c. 175.
A return of property' held for literary, benevolent, charitable, or scientific
purposes, and of the receipts and expenditures, is required of persons and
corporations, except such as make return to the insurance commissioner
under Pub. St., c. 115, § 11. St. 1882, c. 217.

Sect. 52. The title of the first column of the valuation book is changed
from "Names of Persons Assessed" to "Names and Residences of Per-
sons Assessed." St. 1883, c. 41, § 1.

Sect. 53. In column one, the street and number is to be added to the
name. St. 1883, c. 41, § 2.

Sects. 54, 55. Copies of the assessors' books, instead of being depos-
ited with the secretarj- of state on the fifth and tenth 3'ears, are to be
deposited every third 3'ear, beginning with 1883. The copy of the table
of aggregates is to be deposited each year, instead of eight years out of
ten. St" 1883, c. 91.

Sect. 71. On appeal, taxes may be abated. The county commissioners
are given power to allow costs, but not taxable costs, to one who filed no
list. St. 1882, c. 218.

Sect. 90. The assessors, in addition to the statement of the exempt
property which they were required to forward to the tax commissioner,
must now send all lists and statements filed by persons or corporations
holding property for literar}', benevolent, charitable, or scientific purposes.
St. 1882, c. 217, § 3.

Sect. 91. In addition to the debts and assets, the amount of sinking
funds, or annual proportionate payments of debts must he given. St.
1882, c. 133, § 2.

Sect. 92. The return as to steam-boilers in Boston is to be made b}- the
-inspector of buildings. St. 1882, c. 252, § 5.

xlviii Public Statutes.

CHAPTER 12.

or THE COLLECTION OF TAXES.

Sect. 35. The surplus from tax sales is to be deposited in the city or
town treasur}^, and paid over b3' the city or town. St. 1884, c. 1G2. Sj^

Sect. 39^ The objections to the title must be stated if an offer to sur-
render a tax deed is made, and the time for surrender is limited. St. 1882,
c. 243, § 3.

Sect. 40. The sum at which the collector may purchase is made to cover
all subsequent taxes, assessments, interest and charges. St. 1884, c. 242.

Sect. 50. Ever}- person acquiring a tax-title must file his address with
the treasurer, and if a non-resident, must appoint an agent. St. 1882,
c. 243, §§ 1, 2.

Sect. 58. Towns are required to sell lands taken or purchased for taxes,
within two years, instead of forthwith. St. 1883, c. 101.

The sale is made by the collector for the time being. St. 1884, c. 242.

CHAPTER 13.

OF THE TAXATION OF CORPORATIONS.

Sect. 6. The tax commissioner must furnish blanks for the returns of
property and income held for literary-, benevolent, charitable, or scientific
purposes. St. 1882, c. 217, § 3.

It would appear that he should send the blanks for steam-boiler returns
in Boston, to the inspector of buildings, and not to the assessors. St. 1882,
c. 252, § 5.

Sects. 17, 40. Title insurance companies are taxed under these sections.
St. 1884, c. 180.

Sect. 20. The time during which real estate held by savings banks, by
foreclosure or purchase at mortgage sales is exempt, is extended. See
c. 116, § 20, cl. 8. St. 1883, c. 248.

Sect. 42. Every corporation or association for mining, quarrying, or
getting earth oils, or holding lands, organized out of the Commonwealth,
which opens an oflice in the Commonwealth, must pa}' a tax; and the
officers and agents here are liable for such taxes. St. 1882, c. 106. St.

1883, c. 74.

CHAPTER 14.

OF THE MILITIA.

Sect. 23. One or more of the infantry regiments may be trained as
heavy artillery. St. 1882, c. 97.

Sects. 22, 25. The signal corps is attached to the brigade staflf. St,

1884, c. 230, §§ 1, 3.

Sect. 23. The direction as to the companies and battalions is repealed.
St. 1884, c. 230, § 2.

Sect. 30. The regimental bands are increased from eighteen to twenty-
four pieces. St. 1884, c. 230, § 4.

Table of Chan-ges. xlix

Sect. 31. Officers of the signal corps are allowed horses. St. 1884,
c. 230, § 5.

Sects. 35, 54. JMedical officers are hereafter to be examined by three
medical officers. St. 1884, e. 230, §§ 6, 8.

Sect. 54. Failure to pass the board of examiners at any time when
ordered before them, causes discharge. St. 1884, c. 230, § 9.

Sect. 59. In case of vacanc}- in the office of captain, the commanding
officer of the regiment or battalion appoints a recruiting officer. St. 1884,
c. 230, § 7.

Sect. G9. An enlisted man may also be discharged on the ajiplication
of his company- commander, approved by superior officers. St. 1884,
c. 230, § 10.

Sect. 78. Militar}' property- is to be returned "immediately," St. 1884,
c. 230, § 11.

Sect. 80. Commanders of companies shall receive Mty dollars per
annum for care of the property. St. 1884, c. 45.

Sect. 91. The grand army may be allowed to use the State camp
ground. Res. 1882, c. 15.

Sect. 108. Parade for drill ma^- be in September or October, as well as
in May or June. St. 1884, c. 230, § 12.

Sect. 109. The encampment may be in June. St. 1884, c. 230, § 13.

Sect. 111. The report is to be made b^- the inspector-general to the
commander-in-chief. St. 1884, c. 230, § 14.

Sect. 127. To the associations which may parade with arms are added
associations of honorably discharged soldiers, at the decoration of soldiers'
graves. St. 1882, c. 179.

Applications for leave to parade with arms must be approved by the town
or city authorities. St. 1884, c. 230, § 15.

Sect. 130. St. 1882, c. 178, revises and amends the "compensation of
the militia, and the allowance for liorses and forage.

Sect. 150. Fines under by-laws mav be collected by suit. St. 1884,
c. 230, §16.

By St. 1882, c. 112, the amount now in the state treasury on account of
bounties and allotments to soldiers is transferred to the bounty loan sink-
ing fund. Claims against it are to be filed with the auditor, and allowed
by him.

CHAPTER 15.

OF THE EXECUTIVE DEPARTMENT. AND THE SECRETARY OF THE

COMMONWEALTH.

Sect. 1. The salarv of the gOA^ernor, after this year, is $5,000, instead
of S4,000. St. 1884, c. 328.

Sect. 6. The salary of the executive clerk is raised from §1,200 to
$1,500. St. 1884, c. 8.

The salary of the executive messenger is raised from $800 to $900. St.
1884, c. 38.

Sect. 9. Tlie salary of the secretary of the Commonwealth is raised
from $2,500 to $3,000. St. 1884, c. 79.

1 Public Statutes.

Sect. 10. The salary of the third clerk of the secretary is increased
from $1,200 to $1,300. St. 1883, c. 48.

Sect. 10. The allowance of the secretary of the Commonwealth for
cleik hire is increased from $10,000 to $11,000. St. 1884, c. 15.

Sect. 15. The duty of furnishing blank forms for returns of criminal
cases pending is transferred from the secretary to the commissioner of
prisons. St. 1882, c. 226.

CHAPTER 16.

OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE.

The par of exchange established by U. S. Rev. St., § 3565, is adopted.
St. 1882, c. 110.

Sect. 7. Instead of requiring the auditor's report to be submitted by
January 15, he is required to submit an abstract by January' 30, and the
full report as soon as ma^^ be. St. 1884, c. 207.

Sect. 17. The treasurer is allowed one more extra clerk. St. 1882,.
c. 111.

Sect. 28, Provision is made for advancing a limited amount of money
to officers authorized to expend it for small expenses. St. 1884, c. 179.

Sect. 52. Mone}' from sales of public property nuist be accompanied by
a sworn itemized account, approved by proper officers. St. 1884, c. 326.

Sect. 60. The authorized investments of the state funds are increased.
St. 1882, c. 130.

CHAPTER 17.

OF THE ATTORNEY-GENERAL AND THE DISTRICT-ATTORNEYS.

The salary of the district-attorney for the eastern district is raised from
$1,800 to $2,400, and he is given an assistant at $1,000 per annum. St.
1882, c. 156, 157.

The salaries of the first and second assistant district-attorneys for the
Suffolk district are raised from $2,400 and $2,000 respectively, to $2,500.
St. 1882, c. 245, § 2.

CHAPTER 18.

OF NOTARIES PUBLIC AND COMMISSIONERS TO ADMINISTER OATHS
OF OFFICE AND TO TAKE ACKNOWLEDGMENTS OF DEEDS, ETC.

Women who are attorneys may be appointed special commissioners to
administer oaths and take acknowledgments and depositions. St. 1883,
c. 252.

CHAPTER 19.

OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.

Sect. 7. St. 1882, c. 48, establishes the harbor lines at East Boston ;
c. 103, at Gloucester.

The harbor lines in Gloucester are changed. St. 1883, c. 109.
In Haverhill are established. St. 1883, c. 104.

Table of Changes. li

CHAPTER 20.
OF THE STATE BOARD OF AGRICULTURE.

St. 1882, c. 212, establishes an agricultural experiment station at the
Massachusetts Agricultural College in Amherst.

The board of control must report annuallj'. St. 1883, c. 105.

Sect. 4. The salary of the secretary is raised from $2,000 to $2,500.
St. 1883, c. 184.

The sura allowed to the secretary of the board of agriculture for clerical
services, besides his regular clerk and for lectures, is increased from $400
to $800. St. 1884, c. 66.

CHAPTER 22.

OF COUNTIES AND COUNTY COMMISSIONERS.

Sect. 15. The sessions of the county- commissioners in Berkshire are
changed from the tirst Tuesdays of April, July, and September, and the
last Tuesday of December, to the first Tuesday of January, April, Julj-,
and October. St. 1883, c. 63.

CHAPTER 23.

OF COUNTY TREASURERS AND COUNTY FINANCES.

Sect. 2. The salar^^ of the treasurer of Hampden county is raised from
$1,200 to $1,500. St. 1884, c. 112.

CHAPTER 24.

OF REGISTERS OF DEEDS.

Sect. 5. Worcester county is divided for registr}- purposes, and Fitch-
burg, Lunenburg, Leominster, Westminster and Ashburnham are made the
Northern District, and provision is made for the appointment of a register
and the transfer of papers. St. 1884, c. 40.

CHAPTER 25.

OF SHERIFFS.

Sect. 22. The sheriff of Dukes county is given the fees in addition to
his salary. St. 1884, c. 209.

CHAPTER 26.
OF MEDICAL EXAMINERS.

Sect. 2. A new district is made in Franklin county, for which a new
examiner is to be appointed. St. 1884, c 321.

Sect. 25. The same fees are allowed to witnesses and officers at inquests
as in criminal prosecutions before trial justices. St. 1883, c. 61.

Hi Public Statutes.

CHAPTER 27.
OF TOWNS AND TOWN OFFICERS.

Towns and cities ma}' devote a part of their territoiy to forest trees for
the wood and timber, or the preservation of their water supply'. They may
take or purchase land. The State Board of Agriculture is giA'en charge of
such lands. The town or city may erect buildings for instruction or recrea-
tion thereon, and borrow mone}'. St. 1882, c. 2.55.

Towns and cities may lay out public parks and take lands, assess bet-
terments, and borrow mone}'. St. 1882, c. 154.

Sect. 10. Towns may vote mone}' for erecting headstones or' monu-
ments and keei)ing the same in repair, for soldiers or sailors in the national
wars. St. 1884, c. 42.

Sects. 44, 45, 46, 47, 48, 49, with reference to telegraph wires, shall
api^l}' also to wires for electric light. St. 1883, c. 221.

Sect. 00. Moderators and town clerks may appoint tellers to assist in
counting votes or checking names. St. 1883, c. 229.

Sect. 6o. A town, on accepting certain statutes, may elect three, five,
seven or nine assessors, the term of ofiice being three 3-ears, part going
out each year ; or four assessors, the term being two years, half going out
each year. St. 1883, c. 203, § 1.

Sect. C>d. It may in the same way choose three, five, seven or nine
overseers of the poor. St. 1883, c 203, § 2.

CHAPTER 28.
OF CITIES.

" Mayor and aldermen," unless otherwise provided, means board of
aldermen, except in case of appointments. St. 1882, c. 1G4.

In case of death, resignation, absence, or inability of ma3-or, the office
deA'olves on the chairman of the aldermen, if an}^ ; then on the president
of the common council. He is styled acting maj^or. He can make no
permanent appointments. St. 1882, c. 182.

Sect. 7. Where the mayor presides in the board of aldermen, he has no
vote there or in joint convention. St. 1882, c. 180.

Sect. 14. In taking the state census provision is made for returning
separatel}' the inhabitants and legal voters on separate streets, for use in
the new division of wards. St. 1884, c. 181, § 9.

Sect. 14. The time when the new division of wards in cities goes into
effect is changed from November 10th to December 15th. St. 1884, c. 125.

CHAPTER 29.
OF MUNICIPAL INDEBTEDNESS.

Sects. 7, 8. Towns and cities ma}* issue bonds, notes or scrip, with
interest not over six jjcr cent., in tlie manner now provided. St. 1884, c. 129.

Sect. 9. A fixed annual appropriation may be a substitute for a sink-
ing fund, if the town or city so vote. St. 1882, c. 133.

Table of Changes. liii

CHAPTER 30.

OF AID TO SOLDIERS AND SAILORS AND TO THEIR FAMILIES.

Sects. 2, 9. State aid is extended from 1885 to Januaiy 1st, 1890.
St. 1884, c. 34.

CHAPTER 31.

OF THE CENSUS, THE BUREAU OF STATISTICS OF LABOR AND THE
BOARD OF SUPERVISORS OF STATISTICS.

Sects. 1-12. The provisions for the state census are revised. St. 1884,
c. 181.

Sects. 13, 15. The chief of the bureau of statistics of labor is given a
second clerk at $1,300 a 3'ear. St. 1884, c. 4,

CHAPTER 32.

OF THE REGISTRY AND RETURN OF BIRTHS, MARRIAGES AND

DEATHS.

Sect. 5. A certificate approved b}' the board of health, where there is
one, is required before the removal of bodies tis well as before burial.

No bod}' of a person dying from certain diseases can be transported
until secureh' encased ; and no permit to remove can be given until the
board of health or selectmen have given a certificate of the cause of death
and that the bod}' has been so encased. This certificate goes with the
body. St. 1883, c. 124.

Sect. 7 is amended, by requiring physicians and midwives to report
additional facts, and giving them a fee of twenty-five cents for doing it.
St. 1883, c. 158.

CHAPTER

OF THE CIVIL SERVICE.

The appointment of officers in the government of the Commonwealth
and of the cities is regulated. St. 1884, c. 320.

CHAPTER 39.

OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE

USES.

Sects. 1, 2. Churches or religions societies may appoint trustees who,
with tlieir successors, shall be a bod}^ corporate for the purposes of this
section. St. 1884, c. 78.

CHAPTER 40.

OF LIBRARY ASSOCIATIONS.

Sect. G. The amount which may be paid to the county law libraries is
increased from $1,500 to $2,000. St. 1882, c. 246.

liv ' Public Statutes.

CHAPTER 43.

OF THE SCHOOL FUNDS.

Sect. 3. The distribution of the half of the school fiinrl not specifically
appropriated is changed, increasing the amount for smaller towns. St.
1884, c. 22.

CHAPTER 44.
OF THE PUBLIC SCHOOLS.

Sect. 1. The use of hand tools may be taught if deemed expedient.
The tools are to be furnished by the town and loaned to the scholars. St.
1884, c. 69.

Sect. 2. Towns and cities of over ten thousand inhabitants must main-
tain evening schools, with certain studies. The terms, hours, and regula-
tions are fixed by the school commiltee. St. 1883, c. 174.

Sect. 8G. Text-books and school supplies shall be purchased and loaned
to the pupils. St. 1884, c. 103.

CHAPTER 45.
OF SCHOOL DISTRICTS.

The school district system abolished January 1, 1882, and the affairs of
the districts are to be closed. St. 1882, c. 219.

Sect. 8. Towns are given the right to sue or defend for abolished
school districts. St. 1884, c. 122.

CHAPTER 47.

OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS.

Sect. 9. No child can attend school while any member of its family is
sick with small-pox, diphtheria or scarlet fever, or until two weeks after
their recovery. St. 1884, c. 64.

CHAPTER 48.

OF THE EMPLOYMENT OF CHILDREN, AND REGULATIONS
RESPECTING THEM.

Sect. 1. No child under twelve years of age shall be emploj-ed during
school hours. St. 1883, c. 224.

Sect. 14 is changed, so that three or more cities or towns in each of
two, three or four contiguous counties may require the establishment of a
union truant school, and the clause with reference to Norfolk, Bristol, Barn-
stable and Plymouth counties is repealed. St. 1884, c. 155.

Sect. 1M. Poor children in need of immediate relief, are to be provided
for by the board of health, lunacy and charity, and courts may commit
children who are growing up without education or salutary control, or who

Table of Chaxges. Iv

are dependent on public charity to such board, if they have no settlement,
or to the overseers of the poor, if they have. St. 1882, c. 181.

If any parent abandons a child under two years old, or neglects to sup-
port it, or having contracted for its maintenance fails to perform such con-
tract, he is punished. Every person receiving a child under one year old,
knowing, or having reason to believe it illegitimate, must at once notify
the overseers of the poor. The parents must answer all questions as to its
residence, parentage, and place of settlement. St. 1882, c. 270.

St. 1882, c. 270, § 4, is amended by allowing the fine to be paid to the
person or corporation who has supported the neglected child. St. 1884,
0. 210.

Sect. 19 provides that only persons appointed by the towns and the
officers and agents of the society for the prevention of cruelty to children
shall make complaints under the preceding section. It is now added that
they alone shall carry into effect the judgments thereon. St. 1883, c. 245.

CHAPTER 49.

OF THE LAYING OUT AND DISCONTINUANCE OF WAYS, AND OF
DAMAGES OCCASIONED BY THE TAKING OF LAND FOR PUBLIC
USES.

Land may be taken for parks. St. 1882, c. 154.

For the cultivation of trees. St. 1882, c. 255.

Public landing places alreadj' existing, may be laid out and defined.
St. 1882, c. 109.

Sect. 18. A provision is inserted providing for the paj-ment bj^ the
trustee of any rent, or charge to the reversioner, or remainder-man, and
the language is changed in other respects. St. 1883, c. 253.

Sect. 47. The pay of the officer who attends the sheriff's jury is raised
from one dollar and one-half to four dollars per day. St. 1882, c. 96.

CHAPTER 50.

OF SEWERS, DRAINS, AND SIDEWALKS.

Sect. 8. Land sold for sewer assessments may be redeemed as if sold
for taxes. St, 1883, c. 145.

CHAPTER 51.

OF BETTERMENTS AND OTHER ASSESSMENTS ON ACCOUNT OF
THE COST OF PUBLIC IMPROVEMENTS.

The betterment act is extended to alterations of ways at railroad cross-
ings. St. 1884, c. 280.

The authorities may agree to assume betterments for streets or parks if
the landowner will release damages. St. 1884, c. 226.

Betterments bear interest after thirty days, and the lien continues for one
year after the end of suits to test their validity. St. 1884, c. 237.

Ivi Public Statutes.

CHAPTER 52.

OF THE REPAIR OF WAYS AND BRIDGES.

Sect. 19. The notice of injury shall not be invalid for any nnintentional
inaccuracy if the party entitled to notice was not misled. St. 1882, c. 36.

CHAPTER 53.

OF THE REGULATIONS AND BY-LAWS RESPECTING WAYS AND

BRIDGES.

Si:CT. 18 is so modified that the count}' commissioners can regulate
travel over bridges to whose construction or maintenance the county con-
tributes. It also gives jurisdiction over tlie violations of such regulations
to the courts in the town where the bridge terminates. St. 1882, c. 108.

CHAPTER 54.

OF THE BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES,
AND ENCROACHMENTS THEREON.

No barbed wire fence can be built against a sidewalk. St. 1884, c. 272.

CHAPTER 56.

OF THE INSPECTION AND SALE OF BUTTER, CHEESE, LARD, FISH,
HOPS, LEATHER AND POT AND PEARL ASHES.

Sect. 17. In the mark or label, "imitation butter" is substituted for
" adulterated butter." St. 1884, c. 310, § 1.

Sect. 20. Inspectors maj' enter places where butter or cheese is stored
or kept for sale, and interference with their duties is punished. St. 1884,
c. 310, § 2.

CHAPTER 57.
OF THE INSPECTION AND SALE OF MILK.

The milk act is not repealed or amended b}' subsequent legislation as to
adulterations. St. 1884, c. 289, § 4.

Sect. 2 is revised. Milk for anahsis is to be delivered to them instead
of their taking it. The clause making the certificate of analysis evidence
is omitted. A part of the sample analj'zed is to be kept for the defendant.
St. 1884, c. 310, §§ 3, 4.

Sect. 8. Obstructing inspectors is made an offence. St. 1884, c. 310, § 5.

CHAPTER 58.

OF THE INSPECTION AND SALE OF PROVISIONS AND ANIMALS
INTENDED FOR SLAUGHTER.

Poultry not alive, may not be sold or exposed for sale unless dressed.
St. 1883, c. 230.

Table of Changes. Ivii

The adulteration of an}' drug or article of food is punished. Adultera-
tion is defined. St. 1882, c. 263.

An appropriation is made to enforce the adulteration act. An annual
report by the state board is required. St. 1884, c. 289, §§ 1, 2.

The adulteration act does not apply to mixtures recognized as ordinary
articles of food, nor to drugs where the standard has been raised or an
inferior article is ordered or is known to the purchaser. St. 1884, c. 289,
§§ 5, 7.

A part of the sample provided for must be furnished to the defendant.
St. 1884, c. 289, § 8.

St. 1883, c. 263, is repealed. St. 1884, c. 289, § 6.

CHAPTER 59.

OF THE INSPECTION AND SALE OF CERTAIN OILS.

Sect. 7, which forbids kerosene to be sold for illuminating purposes
unless inspected, is changed in phraseolog}', and a clause added giving
towns and cities power to regulate its inspection. St. 1882, c. 250.

CHAPTER 60.
OF THE INSPECTION AND SALE OF VARIOUS ARTICLES.

Sect. 17, which provides the mode of issuing licenses to sell commercial
fertilizers, is repealed. St. 1883, c. 29.

Sect. 20. A crate of cranberries containing thirty-two quarts, level
measure, is made a legal measure, and all barrels or quarts must be branded
" Massachusetts standard measure," and if of less capacit}', there is a
penalty. St. 1884, c. 161.

Sects. 69-71. The adulteration of vinegar is forbidden, and its purity
regulated. St. 1884, c. 307.

Sect. 69. Vinegar not made exclusively of apple cider, or into which
foreign substances have been introduced, may not be sold as cider vinegar.
St. 1883, c. 257, § 1.

Sect. 71. Compensation may be provided for the inspector of vinegar,
or he may recover a reasonable compensation for his serA'ices. St. 1883,
c. 257, § 2.

Cities or towns ma}' pay inspectors of vinegar appointed under St. 1880,
c. 113. St. 18.S4, c. 163.

Sect. 82. Coal sold in amounts less than five hundred pounds must be
sold in measures of the dimensions prescribed, and any person who uses
or has with the intention to use any other measure is punished. St. 1883,
c. 218.

The baskets and measures provided by St. 1883, c. 218, shall be stamped
with their capacit}' by the sealer, and the coal shall be delivered in them
under a penalty. St. 1884, c. 70.

Iviii Public Statutes.

CHAPTER 65.
OF WEIGHTS AND MEASURES.

Sect. 8. Sealers of weights and measures are to be appointed in cities
by the ma3'or and aldermen, and not by the city council. St, 1882, c. 42.

Sect. 21. Unlawful weights and measures may be seized. St. 1883,
c. 225.

CHAPTER 68.
OF HAWKERS AND PEDLERS.

Sect. 2. Cities and towns may regulate the sale of any articles permit-
ted to be sold b}' section 1, by any hawker or pedler, and not as now the
sale by minors alone, and ma}' impose penalties not over twenty dollars,
but no fees can bo impced unless now lawful. St. 1883, o. 1G8.

Sect. 9. The secretary of the Commonwealth may grant licenses to
persons recommended b}^ the towns or cities, as stated in section 4, who
are over seventy years of age, without any fee. St. 1883, c. 118.

CHAPTER 68.
OF SIIIPriNG AND SEAMEN, HARBORS AND HARBOR-MASTERS.

Sect. 23. Injury to harbors b}' materials thrown in forbidden. The
harbor commissioners ma}^ forbid injurious changes on the shores. St.
1884, c. 2G9.

Sect. 25. Assistant harbor-masters ma}' be appointed as well as harbor-
masters, and shall be subject to their control. St. 1882, c. 216.

Sects. 26, 29, 33 are amended to give the harbor-master power to require
vessels to change their place of anchorage, and masters of tug-boats and
pilots must cause vessels in their charge to anchor under his direction. He
may recover the expense of moving them, if not anchored as he requires.

The penalty in § 33 is made to cover any violation of §§ 23 to 32. St.
1884, c. 173.

CHAPTER 70.
OF PILOTS AND PILOTAGE.

Pilots, in addition to those now allowed b}' law, may be appointed,
except for the port of Boston. AVhere the recommendation of a society
is now required, they shall not be appointed without a certificate from the
society, unless it neglects for three mouths to pass upon their qualifications.
St. 1882, c. 174.

If an inward-bound vessel passes a line fixed, she is not liable to pilot-
age. St. 1884, c. 252, § 1.

Exempt vessels ma}' require a pilot, and shall then pay him. St. 1884,
c. 252, § 5.

Sect. 20. "Whaling vessels outward-bound from New Bedford are ex-
empt from the pilotage law. St. 1884, c. 213.

Table of Changes. lix

Sect. 30. The limit of half fees is increased from two hundred to three
hundred and fifty tons, and such vessels are not held for fees out unless
they take a pilot. St. 1884, c. 252, §§ 2, 3.

Sect. 32. In the list of vessels exempt from compnlsorv pilotage are
omitted '^ all single decked coasting vessels of not more than three hundred
and fifty tons." St. 1884, c. 2r>2, § 4.

Sect. 39. Persons other than pilots may not assume or continue to act
as such when pilots can be got. St. 1884, c. 252, § 6.

CHAPTER 74.
OF THE EMPLOYMENT OF LABOR.

Emplo3'ers must furnish seats for females employed. St. 18^2, c. 150.

Manufacturers maj^ sound bells, gongs, and whistles as signals to their
workmen, at such hours and of such size, as the town or city authorities
may, in writing, permit. St. 1883, c. 84.

Sect. 4. The ten-hour law is made to apply to manufacturing and mer-
cantile establishments. St. 1883, c. 157.

This section, as amended in 1883, shall not apply to mercantile estab-
lishments. St. 1884, c. 275, § 4.

Em|)loyment of minors under eighteen in mercantile establishments, for
more than sixty hours a week, is forbidden. Certificate of age is prima
facie evidence of it. Printed notices must be posted, giving the hours of
labor. St. 1884, c. 275, §§ 1, 2, 3.

CHAPTER 77.

OF MONEY, BILLS OF EXCHANGE, PROMISSORY NOTES, AND

CHECKS.

Sect. 1. The par of the United States, Rev. St. § 35G5, is adopted.
St. 1882, c. 110.

Sect. 8. The day following Christmas is made a holiday wlien Christmas
falls on Sunday. St. 1882, c. 49.

CHAPTER 77a.

OF THE ENCOURAGEMENT OF AGRICULTURE.

A bounty of one dollar a ton is given for sugar made from beets or
sorghum, under the regulations stated. St. 1883, c. 189.

CHAPTER 80.

OF THE PRESERVATION OF THE PUBLIC HEALTH, AND THE
PROTECTION OF INFANTS.

Sect. 60. Persons boarding illegitimate children under one year old,
must give notice to the overseers of tlie poor. St. 1882, c. 270, § 3.
Sect. 79. The local board of health must within twenty-four hours

Ix Public Statutes.

notify the state board, of cases of small-pox, or it forfeits the town's claim
to reimbursement. St. 1883, c. 138.

Sects. 78, 79. Householders and physicians must report cases of diph-
theria and scarlet fever, in addition to small-pox and other diseases danger-
ous to the public health, as before provided, and record of such reports
shall be kept on blanks furnished b^' the state. Rooms and articles are to
be disinfected to the approval of the board of health. St. 1884, c. 98.

Sect. 88. The appellant from an order as to offensive trades, applies
for his jury to the court in the count}' where the premises are ; not as now,
where the order is made. St. 1883, c. 133.

Sect. 96. Bathing; in ponds used for water supply for cities or towns,
is forbidden. St. 1884, c. 172.

The supreme judicial or superior court may, on the application of a city
or town, enjoin violations of this section. St. 18S4, c. 154, § 1.

Sects. 98, 99, 100, giving state board supervision of sources of water
supj)!}' and power to make orders about them, are repealed. St. 1884,
c. 154, § 2.

CHAPTER 82.
OF CEMETERIES AND BURIALS.

Sect. 6. Conveyances of burial lots, recorded by the corporation own-
ing the cemetery, require no other record. St. 1883, c. 142.

Sect. 17. Towns and cities ma}' receive funds for the care and improve-
ment of burial places, public or private, and of lots therein. St. 1884, c. 186.

CHAPTER 84.
OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

Sect. 6. Not only the kindred of the pauper, but the pauper himself, is
liable for expenses incurred for him. St. 1882, c. 113.

Sect. 21. Destitute and deserted children may be placed in St. Mary's
infant asylum as well as in the Massachusetts infant asylum. St. 1883,
c. 232.

CHAPTER 86.

OF ALIEN PASSENGERS AND STATE PAUPERS.

Sect. 13. The present board is abolished, and a new one for both the
almshouse and workhouse established and regulated. It may transfer
inmates. St. 1884, c. 297.

Sect. 28 is repealed and provision is made that idiots may be sent
to the school for the feeble-minded. The trustees there may receive them
or send then) home, or to the stale almshouse, or to the place of their settle-
ment. St. 1883, c. 239, § 5.

Sect. 46. The age until which children, who are state paupers, may be
placed by the state board in private families, is raised from two to three
years. St. 1882, c. 181, § 1.

Sect. 46, as amended, applies to St. Mary's infant asylum, but indigent

Table or Changes. Ixi

and neglected infants without settlement are to be committed to tlie state
board of health, which board shall provide for them as the}- judge best for
each child. St. 1883, c. 232, § 3.

CHAPTER 87.
OF LUNACY AND INSTITUTIONS FOR LUNATICS.

Sect. 2. A new hospital is established at Westborongh under homoeo-
pathic treatment. St. 1884, c. 322.

Sect. 4. TLe number of the trustees of the state lunatic hospitals is
increased from five to seven, and five shall be men, and two women, St.
1884, c. 149.

Sect. 7. An educated female ph^'sician is to be appointed for each state
lunatic hospital, January- 1st, 1885. St. 1884, c. 116.

Sects. 20-46. Provision is made for asylums for the chronic insane in
cities of over fifty thousand inhabitants. St. 1884, c. 234.

Sect. ^^4. The support of insane persons sentenced to the state prison,
or accused of felony and committed by order of court, is paid by the state.
St. 1883, c. 148.

Sect. 37. The punishment of persons leaving the" almshouse and beg-
ging is increased. St. 1884, c. 258, § 1.

Sect. 40. The trustees of the state hospitals and of the Massachusetts
General Hospital ma}- confer on their superintendents power to discharge
patients after notice to the person who signed the petition for commitment.
The superintendents may allow any inmate to be taken away by his friends
for a period of not over sixt}' days. St. 1883. e. 78.

Sect. 55. The name of the Massachusetts School for Idiotic and
Feeble Minded Youth is changed to the Massachusetts School for the
Feeble Minded. St. 1883, c. 239, § 1.

Sect. 56. The mode of committing to the school is regulated. See
chapter 86, § 28. .The powers of the trustees are increased and the pa}'-
ments for the support of patients provided for, and the recovery of the
expense of such support in case of paupers. Scholars ma}- be received
from other states or provinces. The trustees may discharge patients, or
send them home, or to the place of their settlement, or to the state alms-
house, or allow them to be absent on visits of not over three months. St.
1883, c. 239.

Sects. 55, 56. Applicants for the admission of persons to the School
for Feeble Minded must give notice to the mayor or selectmen, and prove
the giving of it to the judge. St. 1884, c. 88.

CHAPTER 88.

OF THE STATE WORKHOUSE.

Sect. 1. The present board is abolished, and a new one for both the
almshouse and workhouse established and regulated. It may transfer in-
mates. St. 1884, c. 297.

Sect. 8. Persons not sentenced, who escape and are within one 3car
found soliciting charity, are punished. St. 1884, c. 258, § 1.

Ixii Public Statutes.

CHAPTER 89.

OF THE STATE PRIMARY AND REFORM SCHOOLS, AND THE VISITATION
AND REFORMATION OF JUVKNILE OFFENDERS.

Sect. 3. Provision is made for the care and maintenance of pauper chil-
dren between the ages of three and sixteen, at the state primarj' school,
when they have no settlement. St. 1882, c 181, § 2.

Sects. 8 et si-q. The state reform school is changed to the Lyman School
for boys. St. 1884, c. 323, §§1,2.

Sect. 18. Before a warrant can issue for the arrest of an}' child under
twelve, a summons to him must first issue. If he fails to appear, then a
warrant. St. 1882, c. 127.

Sects. 18, 23, 24. No bo}^ shall be committed to the Lyman School for
bojs if over fifteen. If error is made in his age, the sentence may be
revised. St. 1884, c. 323, § 3.

Sect. 20. The last clauses of this section, providing for notice to the
board of health, are so changed that notice is given on!}- when the judge
would, on conviction, send the child to a public institution or to the custody
of that board, and notice to the mayor or selectmen is no longer required.
St. 1883. c. 110.

Sect. 21. A child under twelve cannot be committed in default of bail,
except to the custody of the state board of health, lyinac}' and charity,
except in cases of offences punishable by imprisonment for life, or of
truancy. St. 1882, c. 127.

Sect. 23. No boy over fifteen can be sent to the reform school at West-
borough. St. 1884, c. 255, § 11.

Sects. 26-29. No child under twelve can be punished b}' confinement
in a jail, house of correction, tlie house of industry in Boston, or at the
state workhouse, except for crimes punishable by imprisonment for life,
or truancy. St. 1882, c. 127.

CHAPTER 90.

OF CONTAGIOUS DISEASES AMONG C\TTLE, HORSES AND OTHER DOMES-
TIC CATTLE.

Sect. 90. The cattle commissioners are to investigate the disease among
neat cattle known as abortion. St. 1884, c. 232.

CHAPTER 91.

OF INLAND FISHERIES AND KELP.

A penalty is imposed on persons taking fish caught in nets, etc., without
the owner's consent, or wilfully interfering with such nets, etc. St. 1882,
c. 53.

Striped bass, or bluefish, are protected in Edgartown. St. 1882, c. 65.

Fishing near Brandt Island in Mattapoisett (St. 1884. c. 214, § 2), and
in Mashpee and Barnstable, is regulated. St. 1884, c. 264.

Sects. 10-24. With certain exceptions nets may not be used in ponds.
St. 1884, c. 318.

Table of Changes. Ixiii

Sects. 32, 33. Taking of alewives in county of Dukes County regu-
lated with penalt}' and forfeiture, amending next. St. 1884, c. 245.

The lessees of Great. Pond and Job's Neck Pond, in Edgartown, are
allowed to take smelt and alewives at all seasons, but no other persun may
take any fi>h but eels. St. 1882, c. 102.

Sect. 36 is changed to allow nets or seines in the Merrimack River,
below the Essex Merrimack Bridge, after June 20. St. 1882, c. 166.

The size of mesh in the seine is limited. St. 1884, c. 317.

The commissioners may issue licenses to take protected fish in the tidal
waters of the Merrimack and its tributaries, but shall charge no fee there-
for. St. 1883, c. 121.

Sects. 36-39. Shiners, for bait, may be caught with seines in the Mer-
rimack in November and December, except near fishways, other fish being
returned. St. 1883, c. 31.

Sect. 41. The North River in Plymouth County is excepted from this
section, and fishing there is regulated. St. 1884, c. 199.

Sects. 51-53. Tlie open time for trout, land-locked salmon and lake
trout is extended from the first of October to April, to from the first of
September to April. St. 1884, c. 171.

Sects. 81, 82, which regulate the catching of lobsters, are amended by
reducing the time from "June 20 to September 20," to the month of Jul}'^,
and changing " lobster" to "female lobster, bearing eggs." St. 1882, c. 98.

Sect. 84. The possession of a lobster under the legal size is made a
crime, the words "with intent to sell" being stricken out. Mutilation
aflfecting lengths is prima facie evidence that the lobster is under size.
The commissioners of inland fisheries, with assistance of the district police,
have power to enforce the law. St. 1884, c. 212.

Sects. 97-107. Oyster licenses may be granted for any waters where
there is no natural oyster bed. St. 1884, c. 284.

Sect. 97. Oyster licenses are limited to ten years instead of twenty.
St. 1884, c. 284.

CHAPTER 92.

OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS.

Game artificially propagated on land where shooting or trapping is for-
bidden, belongs to the landowner. St. 1884, c. 308, § 2.

Sect. 3. Wild ducks and fowl are protected in certain ponds. St.
1884, c. 282.

Sect. 6. English sparrows are no longer protected. The mayor or
selectmen may give certificates allowing the killing of other birds for sci-
entific puri)Oses. St. 1883, c. 36.

Sect. 8. Tlie time during which deer may be taken is changed from the
month of November to four days in each week in November, and the pen-
alty modified. St. 1882, c.'l99, § 1.

The killing of deer, except tame deer on the owner's grounds, is for-
bidden in Pl\ mouth and Barnstable counties. St. 1883, c. 169.

Sect. 10 is amended so that the possession of a deer, except in Novem-
ber, '\B prima facie evidence of a violation of the law. St. 1882, c. 199, § 2.

Ixiv . Public Statutes.

CHAPTER 91.

OF TIMBER AFLOAT OR CAST ON SHORE.

The Connecticut River Lumber Compan3' is authorized to construct a
boom in the river. St. 1882, c. 274.

Sect. 5, which forbids the driving of logs, except in rafts, in the Con-
neelicut, is limited to the river below the entrance of the Chicopee River;
but the Connecticut River Lumber Company pays damages to owners of
feriies or steam or pleasure boats above. St. 1882, c, 274.

St. 1882, c. 274, and section 5 of this chapter, are repealed. St. 1883,
c. 183.

The county commissioners of Franklin. Hampden, and Hamfjshire, within
their respective counties, may regulate the floating of timber on the Con-
necticut River, above the Chicopee River, and require persons doing it to
protect bridges, dams and boats. St. 1883, c. 183.

CHAPTER 97.

OF WRECKS AND SHIPWRECKED GOODS.

Provision is made for the removal of wrecks arid unauthorized structures
in the navigable waters of the Commonwealth. St. 1883, c. 260.

CHAPTER 98.

OF THE OBSERVANCE OF THE LORD'S DAY.

The provisions relating to the observance of the Lord's Day shall not be
a defence to actions for torts or injuries suffered b}' a person on that day.
St. 1884, c. 37.

CHAPTER 99.

OF GAMING.

Sect. 10. The penalty is extended to those present at a gambling house
as well as to those playing. St. 1883, c. 120.

CHAPTER 100.

OF INTOXICATING LIQUORS.

Sect. 5. Licenses of the first three classes cannot be granted in any
place on the same street within four hundred feet of a public school. St.
1882, c. 220.

Applications may be received, investigated and acted upon in March or
April and granted in April. St. 1883, c. 93.

Sect. G. The publication of notice of application for licenses in Charles-
town, East Boston, South Boston, Roxbur}-, West Roxbury, Dorchester and
Brighton distiicts, must be in one weekly paper in the district, as well as in
the^Boston dailies. St. 1882, c. 222.

Table of Changes. Ixv

Applications may be advertised in Marcli or April. St. 1883, c. 93.

Sect. 9. Common victuallers must close between twelve and five in the
morning. St. 1882, c. 242.

Sect. 9. The fourth condition of the license is extended to forbid sales
or deliveries to persons known to have been supported in whole or part by
public charit}^ within twelve months before the date of the license. St.
1884, c. 158.

Sect. 12. To provisions forbidding any screen to prevent a view of the
business, is added, "or a view of the interior of said premises," and such
screen or obstruction makes the license itself void. St. 1882, c. 259.

Sect. 13. Each surety offered on the bond given to obtain a license
must make affidavit that he is worth $2,000 above all liabilities, and shall
designate enough property- to meet the bond. This affidavit is filed with
the bond. St. 1882, c. 259.

Sect. 18. Common victuallers who keep open during forbidden hours,
come within the fines and forfeitures of this section. St. 1882, c. 242.

Sect. 29 provides for the assaj^er of liquors. He is now required to
anah'ze liquors sent him by officers, and the forms of application and cer-
tificate are given. Tampering with the samples is punished. His certificate
is evidence. The court ma)' order analj'sis by other chemists. St. 1882,
c. 221.

Sect. 30. A search warrant for liquor ma}' be issued by a justice of the
peace authorized to issue warrants in ci'iminal cases. St. 1884, c. 191.

CHAPTER 102.
OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

Sect. 13. The peualtj^ for fraudulently procuring entertainment at inns
is extended to boarding-houses. A copy of this section must be posted
up. St. 1883, c. 187.

The maximum fine for fraudulentl}^ procuring entertainment at an inn is
reduced from one hundred to fifty dollars. St. 1884, c. 168.

Sect. 33. Articles of personal apparel are not to be considered perish-
able for purposes of sale b}' pawnbrokers. vSt. 1884, c. 324.

Sect. 54. Cities and towns ma}' regulate the sale or use of toy
pistols, toy cannon, and all articles in which explosives are used. St.
1882, c. 272.

Sect. 54. Firearms or dangerous weapons may not be sold or fur-
nished to children. St. 1884, c. 7G.

Sect. 56. Any one storing gunpowder over one pound in amount, must
at once give notice to the chief engineer, or, in Boston, board of fire com-
missioners, of the amount and place in the building. St. 1882, c. 269.

Sect. 86. In case of a transfer of a dog license, it must be recorded
again if the dog is kept in the city or town thirty days. St. 1884, c. 185.

Sect. 124. The fee for licenses of pawnbrokers and others is made
payable to the board issuing the license, instead of to the clerk, and
the words "not less than" are put before the sum to be paid. St. 1882,
c. 258.

Ixvi Public Statutes.

CHAPTER 103.

OF DISTRICT AND OTHER POLICE.

Sect, 1. District police need no longer be examined by a judge. St.
1884, c. 190.

Sect. 10. It is made the duty of the inspectors of buildings to enforce
sections 16, 17, 18, of chapter 104, Pub. St., as well as sections 13-15 and
19-22, except where there are special officers for the purpose. If they
neglect their dut3% tliej' are to be discharged. These sections relate to
fire escapes. St. 1882, c. 2G6, §§ 4, 5, 6.

Sect. 15. Raih'oad police shall be sworn and hold office till their ap-
pointment is revoked, instead of during pleasure. St. 1883, c. 65.

CHAPTER 104.

OF THE INSPECTION OF BUILDINGS.

Sect. 14. Relating to hoistways, elevators, etc., in factories is extended
to mercantile and public buildings, and made to include safetj'' appliances to
the elevators in event of accident to the lioisting machinery. St. 1882, c. 208.

The inspectors of buildings may forbid the use of elevators for passen-
gers or freight which are unsafe, and post a notice to that effect which
must not be removed. St. 1883, c. 173.

Sects. 15, 16, 17, 18. Fire escapes are required in hotels, lodging-
houses or boarding-houses above a fixed size, and tliey must have watch-
men, lights in the halls, gongs, and notices describing the means of escape.
Factories must also have fire escapes, if more than fort}' persons are em-
ployed. The municipal authorities may require farther precautions. St.

1883, c. 251.

Certain approved appliances are allowed in the place of watchmen. St.

1884, c. 223, § 1.

These sections apply to family hotels. St. 1884, c. 223, § 2.

Sect. 15, regulating fire escapes, is made to apply to manufacturing
establishments as well as factories, and cities maj' make it apply to all
buildings three stories high or over. St. 1882, c. 266, § 1. kk.' H *^

Sect. 19. The doors, inside or outside, of buildings where operatives
are employed shall not be fastened during working hours, under a penalt}^,
and the inspectors of factories shall enforce this. St. 1884, c. 52.

Sect. 20. Every tenement or lodging-house, three stories or more in
height, must have a fire escape, approved by the inspectors. St. 1882,
c. 266, § 2.

Sect. 22. The penalt}' is changed from a forfeiture to a fine, and made
to cover sections 13 to 21 inclusive, instead of 13, 14, 15, 19, 20. 21. The
person to whom notice of required changes is to be given is defined. St.
1882, c. 266, § 3.

Sect. 23. The authority of inspectors under sections 13-21 does not
extend to Boston or other cities where there are officers specially appointed.
St. 1882, c. 266, § 4.

Sect. 24, which requires discharge of officers not attending to their
duties, is made to apply to sections 16, 17, 18. St. 1882, c. 266, § 5.

Table of Changes. Ixvii

CHAPTER 105.
OF CERTAIN POWERS, DUTIES AND LIABILITIES OF CORPORATIONS.

Foreign corporations, except insurance companies doing business here,
must appoint the comuiissioner agent to receive service in suits, and must
make return of their charters and capital. St. 1884, c. 330.

Sect. 24. No record is necessary to the transfer of stock. St. 1884,
c. 229.

Sect. 42. The limitation of time within which a receiver of a corpora-
tion may be appointed is removed. St. 1884, c. 203.

CHAPTER 106.

OF MANUFACTURING AND OTHER CORPORATIONS.

Sect. 6. Ten or more persons may form corporation to examine and
guaranty titles of real estate, and the business is regulated. St. 1884,
c. 180.

CHAPTER 109.

OF COMPANIES FOR THE TRANSMISSION OF INTELLIGENCE BY ELEC-
TRICITY.

This chapter, except sections 16 and 18, shall also apply to lines for
electric light. St. 1883, c. 2-n.

Sect. 4. Provision is made for damages to abutters on roads used for
wires. St. 1884, c. 306.

Sect. 15. Wires may not be put up without the landowner's consent..
The name of the owner of the wires must be put on posts, etc. St. 1884,,
c. 302.

CHAPTER 112.

OF RAILROAD CORPORATIONS AND RAILROADS.

Sect. 34. Organizations, under general law, cannot be made unless the
railroad commissioners grant a certificate that public necessitj' and con-
venience require the construction of the road. St. 1882, c. 265, § 1.

Sect. 38. No railroad can be located within three miles of the state
house without the consent of the railroad commissioners. St. 1882,
c. 265, § 4.

Sect. 44. The certificate of incorporation cannot issue after one year
from the time when the route is fixed. St. 1882, c. 265, § 2.

Sect. 62. The stockholders may, before May 13, 1883, ratify any
notes or bonds not approved or certified as required in this section. St.
1883, c. 7.

Sect. 91. To the purposes for which land outside the location may be
taken is added the construction of one or more tracks. And a proviso
is added to the whole section requiring the assent of the city or town where
public highwa3'S, buildings, parks or cemeteries are to be taken. St. 1884,
c. 134.

Ixviii Public Statutes.

Sect. 115 requires railroads to fence, except where exempted from the
duty by the count}^ commissioners. This power is now transferred to the
railroad commissioners, as well as the revocation of exemptions. St. 1882,
c. 162.

Sects. 129-134. The betterment act is extended to alterations of ways
at railroad crossings. St. 1884, c. 280.

Sect. 129. An appeal from the decision of the county commissioners as
to crossings of highway's and railroads may be taken by an}" person ag-
grieved b}^ their decision, or neglect to decide for sixty days. St. 1882,
c. 135.

Sect. 138. So as to private crossings of railroads. St. 1882, c. 135.

Sect. 139. The clause forbidding branches within eight miles of the
state house is stricken out. St. 1884, c. 279.

Sect. 166. The railroad commissioners, as well as the town or city
authorities, ma}' require gates or flags at crossings. St. 1883, c. 117.

Sect. 170. St. 1882, c. 73, requires locomotive boilers to be tested.

Safety couplers are required on freight cars. St. 1884, c. 222.

Sect. 171. In addition to the tools which each train must now carry,
each car of every passenger train must have two sets of tools, and such
other appliances as the railroad commissioners require. St.. 1882, c. 54.

Sect. 179. The requirement of an examination for color blindness
every two years is repealed. St. 1883, c. 125.

Sect. 180 allows railroads to establish tolls and fares, but by St. 1882,
0. 94 and 225, they are forbidden to give undue or unreasonable pref-
erences.

Only ten cents extra can be required where fare is paid on the cars, and
a check must be given redeemable in ten davs ; all under a penalty. St.
1883, c. 32.

Sect. 202. The offence of interfering with electric signals is enlarged
by omitting " electric." St. 1884, c. 5.

Sect. 205. Unlawfully using, removing or tampering with the tools re-
quired to be carried on passenger trains, is punished. St. 1882, c. 54, § 2.

Sect. 212. If an employe in the exercise of due care is killed, under
such circumstances that he could have recovered damages if death had not
resulted, the corporation shall be liable as if he had not been an employe.
St. 1883, c. 243.

CHAPTER 115.

OF ASSOCIATIONS FOR CHARITABLE, EDUCATIONAL AND OTHER

PURPOSES.

No association formed for medical purposes under this chapter can confer
degrees, and officers attempting to do so are punished. St. 1883, c. 268.

Sect. 2. Relief societies may be formed by the employes of railroads
and steamboat companies. They are subject to the supervision of the rail-
road commissioners. St. 1882, c. 244.

Corporations organized under this chapter may provide for weekly pay-
ments to members in need. St. 1882, c. 195.

Sect. 8. Such corporations may accumulate funds to assist the widows,

Table of Chan^ges. Ixix

orphans, or other relatives of deceased members, or any persons dependent
on them. St. 1882, c. 195, § 2.

Sect. 11, which provides for the returns of benefit societies, is amended
to cover societies making payments for disabilities, and to make the returns
more definite. St. 1882, c. i95, § 3.

No such society can reinsure or transfer its policies to any society not
authorized to do business here. St. 1882, c. 195, § 4.

CHAPTER 116.
OF SAVING BANKS AND INSTITUTIONS FOR SAVINGS.

Receivers, at the end of one 3^ear from their final settlement, deposit all
books and papers with the commissioners. St. 1882, c. 77.

The books and papers of insolvent savings banks may be stored in the
Commonwealth Building. St. 1884, c. 72.

Sect. 2. The part relating to clerical assistance ($1,600 per annum) is
repealed, and the salary of the first clerk fixed at $1,300, and the extra
clerk at $700. St. 1882, c. 148.

Sect. 16. Notice of special meetings must be given, both by publica-
tion and by mailing notices, instead of either mode as at present. St.
1884, c. 150.

Sect. 19. A savings bank may only receive or pay deposits at their
banking house, which must be where it is established. St. 1884, c. 253.

Sect. 20. The limit of authorized investments is extended. St. 1882,
c. 231. St. 1883, c. 134.

" Net indebtedness " is to be computed excluding water loans and cred-
iting sinking funds. St. 1883, c. 127.

Only a sum equal to thirty-five per cent, of the deposits can be invested
or held as collateral in stocks of banks, and if more is now held it must be
reduced to that hmit before July 1, 1885. St. 1883, c. 202.

Sect. 20, CI. 4. The investment in the stocks of any one bank is limited
to three per cent, of the savings banks deposits. St. 1882, c. 224.

Sect. 20, CI. 6. The amount which savings banks may lend on personal
security to any person, firm or corporation is limited. St. 1884, c.c. 56, 168.

Sect. 20, CI. 8. The time for the sale of real estate now held by fore-
closure is extended. St. 1882, c. 200.

A year more is given, with power for the bank commissioners to grant
two 3^ears additional time. St. 1883, c. 52.

Sects. 13, 21, 22, 23. The names of the board of investment must be
published twice a year. St. 1882, c. 50.

Sect. 44 is repealed and new provision is made for paying unclaimed
dividends into the treasur3\ Claims for such dividends may be made
within two years. St. 1883, c. 258.

CHAPTER 117.

OF CO-OPERATIVE SAVINGS FUND AND LOAN ASSOCIATION.

Sect. 3. The words " co-operative saving fund and loan association " are
changed to " co-operative bank," in the statute and in the names of all
associations existing or future. St. 1883, c. 98.

Ixx Public Statutes.

Sect. 8. The mode and value of withdrawing and retiring shares is
determined. St. 1882, c 251, § 1.

Sect. 10. Before paying off matured shares, arrears and fines are to be
deducted. St. 1882, c."251, § 1.

Sect. 10. In lending the mone}', the bids may be, instead of a premium,
a rate of interest not less than five per cent. St. 1882, c. 251, § 2.

Sect. 16 is amended b^^ providing that the share of a member six months
in arrears ma_y be declared forfeited. He is then given credit for the with-
drawing value of his share, and the balance is enforced against his security.
St. 1882, c. 251, § 1.

CHAPTER 119.
OF INSURANCE COMPANIES AND INSURANCE.

Provision is made for insurance against tempests. St. 1883, c. 33, § 4.

Companies to guarantee the fidelit}' of persons and to act as sureties on
bonds are authorized and regulated. St. 1884, c. 296.

Sect. 6. In addition to the commissioner or his deputy, the first clerk,
under the direction of the commissionei", is authorized to examine domestic
companies. St. 1883, c. 235.

Sect. 11. In computing the amount required for reinsurance, instead of
taking the full amount of all marine risks, sixty per cent, is taken on 3'early
risks and those covering more than one voj'age. St. 1883, c. 126.
pSsFire, marine or inland insurance companies with a capital not exceeding
two hundred thousand, shall compute reinsurance on inland business at
fifty per cent, of outstanding premiums, and marine, at one hundred per
cent, on all ocean marine premiums. St. 1884, c. 178.

Sects. 26-29. Domestic marine insurance companies may insure against
fire or lightning on adding to their capital the minimum amount required
for such business. St. 1884, c. 177.

Sect. 29. The minimum capital required for fire, marine and inland
business is fixed at two hundred thousand dollars in all cases, except that
foreign companies, except for fire business, must have three hundred
thousand dollars. St. 1884, c. 178.

Sects. 51, 79. Insurance companies ma}- provide for dividing their
directors into two, three or four classes to hold oflflce those numbers of
years. St. 1884, c. 74.

Sect. 133, which limits the risks to be taken in towns and districts, is
modified. St. 1883, c. 33, § 2.

Sects. 141 et seq. Discrimination on account of color is forbidden. St.
1884, c. 235.

Sect. 156. The securities deposited with the state treasurer to comply
with laws of other states under this section mavbe returned. St. 1884, c.
119.

Sect. 157. The fee for valuing life insurance policies is reduced from
one cent to five mills on one thousand doUai'S. St. 1884, c. 55.

Sect. 173. Receivers, at the end of one year after the final settlement,
must deposit all books and papers with the insurance commissioner. St.
1883, c. 33, § 5.

Table or Changes. Ixxi

Section 173 is repealed, and unclaimed dividends are paid into the treas-
ury. Claims for such dividends may be made within two years. St. 1883,
c. 258.

^^ Sects. 178 to 195. Reinsurance in companies not authorized to insure
here is forbidden. St. 1884, c. 120.

Sect. 195. No reinsurance shall be effected except with companies or
persons authorized to do business here. St. 1883, c. 33, § 1.

Sect. 218. Provision is made for withdrawing the deposit made by
foreign insurance companies when all claims are satisfied, and for changing
its investment and for enforcing in equity the trust on which it is held.
St. 1883, c. 107.

Sect. 227. The commissioner is to furnish in December blanks for the
returns. St. 1883, c. 33, § 3.

Sect. 227. The time for filing the annual statement may for cause be
extended to February loth. St. 1884, c. 217.'

Sects. 227, 228. Foreign fire insurance companies are not obliged to
return their foreign business and assets, but if they do not, they may not
announce them here under penalty' of a revocation of their license. St.
1884, c. 58.

CHAPTER 125.

OF THE DESCENT OF REAL ESTATE.

Sect. 4. The propert}' of an illegitimate child descends to his relatives
through his mother, if she is dead. St. 1882, c. 132.

CHAPTER 130.

OF THE APPOINTMENT OF ADMINISTRATORS.

Sects. 10-17. A special administrator mB,y pay the expenses of the
executor in proving the will. St. 1884, c. 291.

CHAPTER 131.

OF PUBLIC ADMINISTRATORS.

Sect. 18. Claims under this section are limited to one year after the
money is deposited. St. 1883, c. 264.

CHAPTER 135.

OF ALLOWANCES TO WIDOWS AND CHILDREN, AND OF THE DISTRIBUTION
■BB^aa _ ^, 03 OF THE ESTATES OF INTESTATES. , J^i - ^

Sect. 3, CI. 3. The husband, instead of the whole, is given half the
personal estate of his deceased wife. St. 1882, c. 141.

Ixxii Public Statutes.

CHAPTER 146.
OF DIVORCE.

Statistics as to libels of divorce, must be furnished by the clerks of the
courts to the secretary of state, who prepares abstracts and tables for the
legislature. St. 1882, c. 194.

Sect. 1. Divorce may be decreed for absence which would raise a pre-
sumption of death. St. 1884, c. 219.

Sect. 19. The application for final decrees is to be made to the court,
or a justice of it, instead of to the clerk. St. 1882, c. 223.

CHAPTER 147.
OF CERTAIN RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.

A wife has the right of interment in any lot or tomb which her husband
owned during coverture, unless she has released it. St. 1883, c. 262.

Sects. 1, 6. A married woman living separate by decree may devise
or deed her property. St. 1884, c. 301.

Sect. 3. The words " a husband and wife shall not transfer property to
each other" are changed, so that the chapter shall not " authorize" such
transfer, and the change applies to all transfers since the enactment of the
Public Statutes. St. 1884, c. 132.

CHAPTER 148.

OF THE ADOPTION OF CHILDREN AND CHANGE OF NAMES.

Sects. 11-14. A list of all names changed by special act or under the
General or Public Statutes is to be published and distributed. St. 1884,
c. 249.

CHAPTER 150.

OF THE SUPREME JUDICIAL COURT.

Sect. 14. Double costs are given for frivolous appeals as well as for
frivolous exceptions, and the other party may now move for them. St. 1883,
c. 223, § 15.

CHAPTER 151.
OF THE SUPREME JUDICIAL COURT, EQUITY JURISDICTION.

Sect. 2, CI. 11. The provision for reaching the property of the debtor
is extended. The debt may be less than one hundred dollars. The interest
of a partner may be reached. St. 1884, c. 285.

Sect. 7. The forms in equity are established. Suits in equity may be
brought where transitory actions now are. No action shall be defeated
because the form ought to be law, instead of equity or vice versa. St. 1883,
c. 223, §§ 10, 13, 17.

Table op Changes. Ixxiii

CHAPTER 152.
OF THE SUPERIOR COURT.

Sect. 2. The salary of the chief justice is raised from $4,800 to $5,300,
and that of the other justices from $4,500 to $5,000. St. 1882, c. 205.

Sect. 4. General equity jurisdiction is given and provisions made for
its exercise. St. 1883, c. 223.

The return da}^ of process is to be fourteen days from the service in-
stead of from the date. St. 1884, c. 316.

CHAPTER 153.

OF MATTERS COMMON TO THE SUPREME JUDICIAL COURT AND THE

SUPERIOR COURT.

Sects. 10, 13. When disability or death of the justice prevents him from
signing exceptions, they may be proved as if thej' were disallowed by him.
St. 1882, c. 239.

CHAPTER 154.
OF POLICE, DISTRICT AND MUNICIPAL COURTS.

Sect. 1 . The session of the district court of Hampshire required by St.

1882, c. 227, to be held at Cummington, is made discretionary with the
justice. St. 1883, c. 75.

The clerk need not attend except at Northampton, but makes his record
from the minutes of the judge. St. 1883, c. 75.

Sessions of district court of Northern Berkshire are provided for at
Adams. St. 1884, c. 266.

Sect. 2. For the police court of Cambridge is substituted the third
district court of Eastern Middlesex, including Cambridge, Arlington and
Belmont. The fourth district court of Elastern Middlesex is established,
including Woburn, Winchester and Burlington. St. 1882, c. 233.

Police courts are established in Marlborough and Brookline. St. 1882,
0. 233.

The district court of Hampshire is established, with a district including
the county. St. 1882, c. 227.

The town of Hopkinton is taken from the district of the first district
court of Southern Middlesex. St. 1882, c. 169.

The first district court of Northern Worcester is established. St. 1884,
c. 215.

Sect. 5. The police court of Chelsea is given a clerk. St. 1882, c. 176.

The second district court of Eastern Middlesex is giA'en a clerk. St.

1883, c. 97.

And the district court of Hampshire. St. 1883, c. 80.

The clerkship of the district court of Southern Berkshire is abolished.
St. 1884, c. 231, § 2.

Sect. 16. To the courts having jurisdiction where one defendant is
within the district is added the first district court of Northern Worcester.
St. 1884, c. 215, § 5.

Ixxiv

Public Statutes.

Sect. 25. When no justice is present at a police or district court the
sheriff or his deputy maj' adjourn it. St. 1884, c. 188.

Sect. 26. Special justices of the district court of Hampshire are allowed
their travelling expenses, not exceeding one hundred dollars. St. 1884,
c. 205.

^' Sect. 39. Section 52 of this chapter, requiring a bond instead of a
recognizance in municipal courts in Boston, is extended to the other
municipal, police and district courts. St. 1882, c. 95.

Sect. 42. The justices of the several municipal courts in Boston may
act for each other in certain cases. St. 1882, c. 43.

Winthrop is added to the East Boston district. St. 1882, c. 146.

Sect. 55. Another associate justice is added to the municipal court in
Boston, making three in all. St. 1882, c. 41.

Sect. 58. The salarj- of the clerk of the municipal court, Boston, for
criminal business, is increased from 81,600 to $1,900. St. 1883, c. 47.

Sect. 64. The salaries of the justices are increased as follows :

Southern Berkshire, 1884, c. 231,
Brookline, 1882, c. 233,
1884, c. 211,
East Boston, 1882, c. 245, .
First Bristol, 1884, c 220, .
First Essex, 1882, c. 245,
Fitchburg, 1882, c. 245,
Hampshire, 1882, c. 227,
Haverhill, 1882, c. 245,
Marlborough, 1882, c. 233, .
First Eastern Middlesex, 1882, c.
Third " " 1882, c.

Fourth " " 1882, c.

Newburyport, 1882, e. 245, .
Somerville, 1882, c. 245,
South Boston, 1882, c. 245, .

245,
233,
233,

800
1200

600
1600
1000

1400

1200

700
1200
1800

To.

$1200
800
1000
1500
800
1800
1200
2800
1800
1000
1500
2200
1200
1200
1400
2000

Table of Chan^ges.
Justices' Salaries — Continued.

Ixxv

From.

To.

West Roxbury, 1883, c. Ill,

$1200

$1600

First Eastern Worcester, 1884, c. 208,

800

1000

Second Eastern Worcester, 1882, c. 245,

800

1000

First Northern Worcester, 1884, c 215,

1200

Third Southern Worcester, 1882, c. 245, .

1400

1600

The salar}' of the justice of the district court of Hampshire is reduced
from $2800 to $2300, he being giving a clerk. St. 1883, c. 75.

The salaries of the clerks are increased as follows :

Central Berkshire, 1882, c. 245,
Boston, 1882, c. 245, .
Chelsea, 1882, c. 176, .
1884, c. 197, .
East Boston, 1882, c. 245,
First Essex, 1882, c. 245,
Fitchburg, 1882, c. 245,
-Gloucester, 1883, c. 53,
Hampshire, 1883, c. 80,
Haverhill, 1882, c. 245,
Holyoke, 1884, c. 65, .
Lowell, 1882, c. 63,
Marlborough, 1882, c. 233,
First Eastern Middlesex, 1882, c. 87,
Second " " 1883, c. 97,

Third " " 1882, c. 233,

2250

800

1000

1000*

500

600

750

1000

800

3000
800
900

1100

1300
700
800
600
800

1000

1200
400

1000
400

1200

Ixxvi

Public Statutes.

Clerks' Salaries — Continued.

Fourth Eastern Middlesex, 1882, c. 233,
Newburyport, 1882, c. 245, .
First Plymouth, 1883,''c. 57, .
Somerville, 1882, c. 245,
South Boston, 1882, c. 245, .
Central Worcester, 1882, c. 245, assistant,
Second Eastern Worcester, 1882, c. 245,
First Northern Worcester, 1884, c. 215,

500
600
1200
800
400

700
600
800
1400
1000
500
600

Of the constables

Boston, civil (2), 1882, c. 245,

criminal (6), 1882, c. 245
East Boston, 1882, c. 245, .
South Boston, 1^2, c. 245, .
Roxbury, 1882, c. 245, .

To.

$1100
1300
1100
1100
1100

Sect. 64. The clerk of the fourth district court of Plymouth is allowed
his travelling expenses not exceeding one hundred dollars. St. 1884, c. 204.

Sect. 69. The salary of the messenger of the superior court, in Suffolk,
is increased from $1,400 to $1,500. St. 1883, c. 54.

CHAPTER 155.

OF JUSTICES OF THE PEACE AND TRIAL JUSTICES.

Sect. 4. The section as to authorizing justices to issue warrants is modi-
fied. St. 1884, c. 286.

Sect. 49. The power of trial justices over juvenile offenders is restricted
b}' forbidding them to commit children under twelve to jail, etc., except for
offences punishable by imprisonment for life. St. 1882, c, 127, § 1.

Table of Changes. Ixxvii

CHAPTER 156.
OF PROBATE COUETS.

Sect. 22, 23. The probate judge in Suffolk may appoint_^a Boston con-
stable to attend the session and serve orders and precepts. His salary is
$1,200. St. 1884, c. 140.

Sect. 35. In probate cases expenses as well as costs may be awarded.
St. 1884, c. 131.

Sect. 44. The limit of expense of recording probate proceedings is
raised from $1,200 to $2,000. St. 1884, c. 118.

Sect. 48. When the regular term falls on a legal holiday or on election
day it shall be held on the day after, but notices to the regular day shall be
valid. St. 1884, c. 141.

In Hampden court da}' is changed from Tuesday to Wednesday, and a
court at Springfield is added in November and four days are given to
Holyoke. St. 1884, c. 294.

CHAPTER 157.
OF COURTS OF INSOLVENCY.

Provision is made for composition with creditors. It does not apply to
corporations. St. 1884, c. 236.

Sect. 26. Equitable liabilities may be proved. St. 1884, c. 293.

Sect. 102. Accounts of assignees in insolvenc}' must be sworn to bj-
the assignees or one of them. St. 1884, c. 126.

Sect. 108. Provision is made for the investment of unclaimed dividends
in the name of the judge until they are called for. St. 1883, c. 242.

CHAPTER 158.
OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY.

Sect. 23. The salary of the judge in Middlesex is raised from $2,500 to
$3,000 (St. 1882, c. 129), and the assistant register in Suffolk from $1,500
to $2,000. St. 1882, c. 144.

Of the judge in Essex from $2,500 to $3,000. St. 1883, c. 244.

Of the judge and register of probate for Berkshire, respectively, from
$1,200 to $1,600. St. 1884, c. 192.

Of the register in Hampden County from $1,600 to $1,800. St. 1884,
c. 248.

CHAPTER 159.

OF CLERKS, ATTORNEYS AND OTHER OFFICERS OF JUDICIAL COURTS.

Sect. 34. The provisions relating to the qualification and admission to
practice of attorneys at law apply to women. St. 1882, c. 139.

Sect. 44. The clause forbidding any person to appear as counsel or
attorney in a suit determined by him as judge or trial justice, is extended
to an}' proceeding, civil or criminal. St. 1884, c. 170.

Sect. 50. The compensation of masters and special masters in chancery,

Ixxviii Public Statutes.

and of assessors appointed by the court, is paid b}^ the county. St. 1883,
c. 216.

Sect. 68. Deputies in attendance on the supreme judicial court in Suf-
folk, not exceeding four in number, are paid a salary of fourteen hundred
dollars, instead of $4.50 per day and travel. St. 1882, c. 232.

Sect. 69. And officers attending the superior court fifteen hundred
dollars, instead of fourteen hundred as before. St. 1882, c. 245, § 3.

CHAPTER 160.

SPECIAL PROVISIONS RESPECTING COURTS AND THE ADMINISTRATION OF

JUSTICE.

Sect. 4. The da}^ following Christmas, when it falls on Sunday, is added
to the days on which courts are not open. St. 1882, c. 49.

CHAPTER 161.

OF THE COMMENCEMENT OF ACTIONS AND THE SERVICE OF PROCESS.

Sect. 1. The venue of equit}' suits may be the same as that of transitory
actions. St. 1883, c. 223, § 13.

CHAPTER 163.

OF BAIL.

Sect. 12. The bail are also discharged on paying costs if the principal
dies. St. 1884, c. 260.

CHAPTER 164.

OF PROCEEDINGS AGAINST ABSENT DEFENDANTS AND UPON INSUFFICIENT

SERVICE.

Sect. 6. When real estate of a non-resident is attached notice must be
given to him within one year. St. 1884, c. 268.

CHAPTER 167.
OF PLEADINGS AND PRACTICE.

Sect. 17. Anj' matter which would entitle the defendant in equity to be
absolntel}^ relieved from the plaintiff's claim, may be alleged. St. 1883,
c. 223, § 14.

Sect. 24. Equitable defences may be relied on in replj' to the defendant's
answer. St. 1883, c. 223, § 14.

Sect. 67. Where there are two or more shire towns, the shire town at
which an action shall be tried may be designated at the term of entry, and
then it will not be tried elsewhere, nor costs given for terms elsewhere.
St. 1882, c. 264.

Parties may agree that action shall not be tried before a certain day.
St. 1884, c. 304.

Table of Changes. Ixxix

CHAPTER 169.

OF WITNESSES AND EVIDENCE.

The authorit}' to issue summons is changed from "all civil cases" to
" all excepting criminal cases." St. 1884, c. 247.

Sects. 7, 8. The board of police commissioners are added to the bodies
■which may call witnesses before them, and if they do not attend, the chair-
man may issue a warrant. St. 1882. c. 267.

Justices of the supreme or superior courts may compel witnesses to appear
and testify before special tribunals which have power to summon but uot to
compel their attendance. St. 1883, c. 195.

Sects. 28, 41. Where the adverse party does not appear to defend, no
notice of the taking of depositions or any exhibition of interrogatories is
required. St. 1883, c. 188.

Sect. 54. In case of depositions in ^je/y^e^MavM nieiiwriam of parties
without the state, the court shall order notice to non-resident parties in-
terested. St. 1882, c. 140.

CHAPTER 172.

OF THE LEVY OF EXECUTIONS ON REAL ESTATE.

Sect. 30. Execution sales where the sale is restrained may be adjourned
till the farther order of the court granting the injunction. On the final
determination the court may order the sale to proceed and farther notice to
be given. St. 1884, c. 175.

CHAPTER 176.

OF PETITIONS FOR THE SETTLEMENT OF TITLE.

After possession by the mortgagor for twenty years, he may applv to
' the supreme judicial court, and if it appears that there has been no act of
recognition in that time, any action is barred. St. 1882, c. 237.

CHAPTER 178.

OF THE PARTITION OF LAND.

Sect. 51. The notice of the petition is to be published in " newspaper
or newspapers," instead of" newspapers." St. 1882, c. 55.

Sect. 63 is amended, as stated in the published editions of Public Statutes,
by 1882, c. 6, § 2.

CHAPTER 181.

OF THEJ REDEMPTION AND FORECLOSURE OF MORTGAGES.

Sect. 17. The notice of sale under a mortgage of real estate, if there is
no newspaper in the town, ma}- be given in some newspaper in the county.
St. 1882, c. 75.

Ixxx Public Statutes.

CHAPTER 183.

OF THE TRUSTEE PROCESS

Sect. 73. When, pending the trustee process, the defendant sues the
trustee, the costs in such suit are in the discretion of the court. St.
1883, c. 62.

CHAPTER 185.

OF HABEAS CORPUS AND PERSONAL REPLEVIN.

Sect. 18. Amendment incorporated in published edition of Public
Statutes. St. 1882, c. 6, § 3.

CHAPTER 187.

OF WRITS OF ERROR, AND WRITS OF, AND PETITIONS FOR, REVIEW.

Sect. 39 provides for a stay of execution where a petition for review is
filed, on the petitioner giving bond. By St. 1882, c. 249, where the peti-
tioner had no'actual knowledge of the action, it may be ordered without
security.

CHAPTER 192.

OF MORTGAGES, CONDITIONAL SALES, PLEDGES, AND LIENS UPON PER-
SONAL PROPERTY.

Sects. 1, 2 are repealed and two new sections substituted. The new
sections differ in requiring the mortgage to be recorded within fifteen days
from the date written therein. If it must be recorded in two places, the
second record must be within ten days of the first. The mortgage is not
good till so recorded and a record after the time fixed is void. St.
1883, c. 73.''

Sect. 13.T Conditional sales of furniture or household goods are regu-
lated. St. 1884, c. 313.

CHAPTER 198.

OF COSTS IN CIVIL ACTIONS.

Sect. 25. On appeal from taxation of costs, by the clerk, if it is during
the term, it shall be heard by the justice before adjournment. St. 1882,
c. 235.

Sect. 28. The term-fees, which are allowed to the prevailing partv, are
limited. St. 1882, c. 264.

CHAPTER 199.

OF THE FEES OF CERTAIN OFFICERS.

Sect. 6. The travel of officers summoning witnesses in criminal cases,
under twenty miles, is raised. The distance is computed from the most
distant place of service to the place of return. But when the officer has not
actually travelled the distance, the court may reduce the amount. St. 1882,
0. 215.

Table of Chats^ges. Ixxxi

CHAPTER 203.
OF OFFENCES AGAINST PROPERTY.

Making false statements of the distance one intends to travel when hiring
a horse, or of the distance actuall}'' travelled, or refusing to pay for the
same, is made a ciime. St. 1882, c. 236.

Setting fire to an}' material which causes the destruction of growing or
standing wood is punished. St. 1882, c. 1G3.

Sect. 40. Embezzlement by agents, clerks, etc., is made to cover offi-
cers of voluntary associations and societies. St. 1884, c. 174.

Sect. 79. Detaining without cause books, etc., taken from public libra-
ries, is punished. St. 1883, c. 77.

This section punishes the mutilation of books and other propert}^ of libra-
ries. To the list is now added "maps, newspapers, magazines, pamphlets
and manuscripts," and to the libraries, " incorporated libraries." St.

1883, c. 81.

Sect. 99. A person ma}', by notice, prohibit shooting or trapping on his
land, and game artificially propagated is his. St. 1884, c. 308.

Sect. 101. Tearing down, removing, or defacing a town meeting w^ar-
rant, list of voters or jurors, or oilier legal notice, is punished. St. 1883,
c. 156.

CHAPTER 207.

OF OFFENCES AGAINST CHASTITY, MORALITY, AND GOOD ORDER.

The exhibition of persons deformed is forbidden. St. 1884, c. 99.

Sects. 29, 42. Rogues, vagabonds, vagrants and others named in these
sections, may be sent to the state workhouse as ti'amps, are under § 38.
Who may prosecute ; jurisdiction of courts. St. 1884, c. 258.

Sect. 34. Persons disorderh' or indecent in speech or behavior on public
conveyances are punished. St. 1883, c. 102.

CHAPTER 208.
OF OFFENCES AGAINST PUBLIC HEALTH.

The making or selling of any drug or article of food whicli is adulterated
is punished. Adulteration is defined. Such compounds as the state board
of health approve are exempt, if so marked. Provision is made for ana-
lyzing samples. St. 1882, c. 263.

The state board of health may expend, in enforcing the laws against the
adulteration of milk, three thousand dollars ; and against otlier adultera-
tions, two thousand dollars. They must report the prosecutions tmd an
itemized account of the expenses. St. 1883, c. 263. Modified. St. 1884,
c. 289.»

CHAPTER 209.

OF OFFENCES AGAINST PUBLIC POLICY.

Propertv shall not be sold or exchanged by inducement of any gift. St.

1884, c. 277.

Ixxxii Public Statutes.

CHAPTER 212.

OF SEARCH WARRANTS, REWARDS, ARRESTS, EXAMINATION, COMMIT-
MENT, BAIL, AND PROBATION.

Children under twelve, not accused of offences punishable bj^ imprison-
ment for life, nor truants, are not to be arrested till the}- neglect to appear
on summons, nor to be committed on default of bail, nor on sentence. St.
1882, c. 127.

Sect. 26. "Where a trial justice adjourns an examination or trial, and
then fails to appear, another justice may complete the proceedings. The
records are made up by the justice entering the final decision. St. 1883,
c. 175.

Sect. 68, which allows a person to deposit mone}' instead of furnishing
sureties in criminal cases, is modified so that he may recognize and deposit
the money with any otTicer authorized to take his recognizance, instead of
being restricted to the magistrate or clerk of the court ordering it. St.
1882, c. 134.

Sect. 78. Two additional probation officers may be appointed in Bos-
ton. The requirement that the officers be appointed in Maj' is struck out.
St. 1882, c. 125.

CHAPTER 214.

OF TRIALS AND PROCEEDINGS BEFORE JUDGMENT.

Sect. 1. A list of criminal cases for trial is made compulsor}' instead of
discretionary with the court. St. 1884, c. 193.

CHAPTER 215.

OF JUDGMENT AND EXECUTION.

Convicts punishable by imprisonment in the house of correction maj^ be
sent to jail instead, and those undergoing sentence ma}' be removed from
one to the other. St. 1882, c. 241.

Sentences to successive terms allowed. St. 1884, c. 205.

Sect. 18 is changed so that no child under twelve can be imprisoned at all,
except on charges involving imprisonment for life or for truancy, but must
be committed to the custody of the state board of health. St. 1882, c. 127.

CHAPTER 218. •

OF FUGITIVES FROM JUSTICE AND PARDONS.

Sect. 14. Where the condition of a pardon is broken, and the convict
is remanded to serve out his sentence, if he is then serving another sentence,
his time is to begin from the expiration of that. St. 1882, c. 197.

Table of Changes. Ixxxiii

CHAPTER 219.
OF THE COMMISSIONERS OF PRISONS.

The commissioners maj' transfer prisoners, except for capital crimes, to
hospitals for purgieal treatment. The time of their sentence rims while
there. St. 1882, c. 207.

Sect. 4. They may remove prisoners from jails to houses of correction,
and vice versa, as provided in this section. St. 1882, c. 241.

Sect. 17. The number of piisoners who mv^y be employed in certain
occupations is limited. St. 1883, c. 217.

Sect. 34. The heads of police and others making arrests are required
to make monthl}- reports. St. 1882, c. 226, § 2.

Sects. 34, 35. The blanks for ihe returns of criminal business made by
clerks of courts and other otiicers under these sections, are furnished bj' the
commissioners of prisons, who prescribe the form. St. 1882, c. 226.

Sect. 36, prescribing the form, is repealed. St. 1882, c. 226, § 3.

CHAPTER 220.
OF JAILS AND HOUSES OF CORRECTION.

Sect. 2. The sheriff may remove prisoners at his discretion between
jails and houses of correction. St. 1882, c. 241, § 2.

Sect. 40. The number of prisoners w^ho may be emplo3-ed in certain
trades is limited. St. 1883, c. 217.

Sect. 49. Clerical error corrected. St. 1882, c. 6, § 4.

Sect. 50. Escapes from officers who have taken the prisoner out to per-
form labor on an}' public land, are made escapes from prison and punished.
St. 1882, c. 198.

Sects. 66, 68. All the provisions as to persons released under § 68 are
are applied to § 66. St. 1884, c. 152, § 3.

Sect. 68. An}- violation of permits to be at libert}- issued to a prisoner
of itself renders them void, and an order of arrest and recommitment may
issue and the time he has been at liberty does not count on his sentence.
St. 1884, c. 152, §§ 1, 2.

CHAPTER 221.
OF THE STATE PRISON, AND THE REFORMATORY PRISON FOR WOMEN.

A reformatory prison for male prisoners is established. St. 1884, c. 255.

Sect. 1. The state prison is removed from Concord to Boston. St.
1884, 0. 255, § 1.

Sect. 6. The number of officers at the state prison is changed ; the
turnkeys reduced fi'om eleven to four ; the watchmen increased from ten to
twenty-three ; the assistant watchmen not to exx-eed twent^'-three instead
of fifteen, and no additional watchmen. St. 1882, c. 203, § 1.

Sect. 8. The commissioners are deprived of their share in the removal
of officers by the warden. St. 1882, c. 203, § 2.

Sect. 11. The compensation of officers, except the warden, chaplain

Ixxxiv Public Statutes.

and physician, is fixed by the warden, subject to the approval of the com-
missioners, but not to exceed the maximum stated. St, 1882, c. 203, §§ 3, 4.

The salar}' of engineer at the state prison at Concord is fixed by the
warden, not exceeding Si, 500, subject to the approval of the commis-
sioners. St. 188-i, c. 95.

Sect. 43. The purchase of a burial-place at the reformatorj^ prison at
Sherborn is provided for. St. 1882, c. 213.

Sects. 43-53. The duties of school-mistress at the reformatory prison
for women are transferred to the chaplain and the office is abolished. St.
1884, c. 43, §§ 1, 2.

Sect. 44. The office of steward at the reformatory prison is abolished.
St. 1883, c. 267.

Sect. 47. The salary of deput}- superintendent of the reformatory
prison for women, now $G00, is to be fixed by the commissioners of prisons,
but not to exceed $800. St. 1884, c. 43, § 2.

Sect. 52. An}- violation of a permit to be at libert}' issued to a prisoner,
of itself renders it void, and an order of arrest and recommitment may
issue and the time he has been at liberty does not count ou his sentence.
St. 1884, c. 152, §§ 1, 2.

CHAPTER 222.

SPECIAL PROVISIONS CONCERNING PENAL AND OTHER PUBLIC

INSTITUTIONS.

Sect. 17. In case of poor convicts confined three months for non-
payment of fine or costs, if tliere is no police or district court in the
count}', the jailer shall report to a trial justice, who has authoritj' to hear
the matter and discharge him. St. 1882, c. 201.

Sect. 20. An}- violation of a permit to be at liberty issued to a prisoner,
of itself renders it void, and an order of arrest and recommitment may
issue and the time he has been at liberty does not count on his sentence.
St. 1884, 0. 152, §§ 1, 2.

Sect. 21. Recommitments are hereafter made by the board setting at
liberty, but warrants already issued may be served and the proceedings go
ou, but if the person is in prison he can at once be brought before the court,
but the order of remand onl}- takes effect from the expiration of his pend-
ing sentence. St. 1884, c. 152, § 3.

A TABLE SHOWING THE SUBJECTS OE LEGISLATION SINCE

THE PUBLIC STATUTES, AVITH EEFEEENCES TO THE

CHAPTEES OF THE PUBLIC STATUTES.

ABSENT DEFENDANTS.

notice to where real estate is attached

c. 164
ACCOUNTS.

of assignees to be sworn to . . . c. 157

ADMINISTRATORS.

public funds received from, how
chiinied c. 131

ADULTERATION.

of l)ut>fr c. 56

of food and drugs, analysis . cc. 58, 208

of milk .'.... c. .57

of vinegar c. 60

powers of inspector c. 58

report of state board . . . cc. 58, 208

ADVANCES.

to state officers for small expenses c. 16

AGRICULTURE, BOARD OF.

allowance for clerks c. 20

galary of secretary c. 20

AGRICULTURE.

experiment station c. 20

ALMSHOUSE.

persons leaving and begging punished

c. 87

transfer of inmates c. 86

trustees c. 86

ALMSHOUSE, STATE.

superintendent and resident physician'

c. 86
ANIMALS.

See Deee.
APPEALS

costs on frivolous c. 150

from orders of boards of health . c. SO

APPORTIONMENT,
of taxes.

See Taxes.

ARREST.S.

of children c. 212

returns of c, 219

ASSAYER OF LIQUORS.

duties c. 100

ASSESSMENT,
of taxes.

See Taxes.

ASSESSORS.

compensation of.

See Masters ix Chaxceky.

ASSESSORS OF TAXES.

See Towxs and Town Officers.
when returns and copies of valuation
books are to be deposited . . c. 11
ASYLUMS.

for chronic insane c. 87

ATTORNEYS AT LAW.

women may be c. 159

women who are may be authorized to

administer oaths, etc. . . . c. 18
cannot be judge in suit which has

been before him c. 159

AUDITOR.

report when submitted and abstract c. 16
BAIL.

discharge of c. 16S

money for c. 212

BALLOTS.

detached stickers c. 7

recount of, candidates may l)c present c. 7
BARBED WIRE FENCES.

against sidewalks forbidden . . c. 54
BASTARD.

descent of lands of c. 125

BATHING.

in ponds used for water supply for-
bidden c. 80

BENEFICIARY ASSOCIATIONS,
bv railroad and steamljoat employees

e. 115

general provisions c. 115

BETTERMENTS.

may be assumed for a release of land

damages c. .51

interest on, liens for c. 51

railroad crossings c. 112

BIRDS.

Eniilish sparrows may be taken or
' killed c. 92

BIRTHS.

returns of by physicians and mid-
wives c. 32

Ixxxvi Subjects of New Legislatio]s^, 1884.

BLUE BOOK.

number to Ije printed c. 4

BOARD OF AGRICULTURE.

ailowance for clerks c. 20

BOARDIWG AND LODGING HOUSES,
procuring entertainment fraudulentlv

c. 102
keepers to post notices of laws as to
fraud c. 102

BODIES FOR BURIAL.

See BuiiiAL.
BONDS AND NOTES.

See Uailkoads.

BRIDGES.

fast drivinj; over c. 53

BUILDINGS.

inspection of cc. 10.3, 104

inspection of elevators and hatchways

C.104
inspection of, watchmen, fire-escapes,

etc c. 104

unsafe elevators to be placarded . e. 104

BUREAU OF STATISTICS OP
LABOR.

clerks c. 32

BUREAU OP STATISTICS.

" of labor " added c. 4

BURIAL PLACES.

funds for, received by cities or towns

c. 82

BURIAL.

permits to bury or remove bodies . c. 32

BURIAL LOT.

of husband, wife's rights in . cc. 82, 144

BUTTER.

adulterated, how marked .... c. 56
See Cheese.

CARRIAGES.

refusing to pay for c. 203

CATTLE COMMISSIONERS.

to investigate abortion among cattle,

c. 90

CEMETERIES.

See Burial Places.

record of titles of lots c. 82

taking for railroads c. 112

CENSUS.

provided for c. 31

returns of inhabitants and voters for
new wards c. 28

CHARITABLE ASSOCIATIONS.
lists of property exempt from taxa-
tion cc. 11, 13

CHECK LIST.

correction of c. 6

how long kept c. 7

CHEESE AND BUTTER.

powers of inspectors c. 56

CHILDREN.

abandonment c. 48

boys over 15 not to go to reform

school c. 89

care and education of neglected . c. 48

imprisonment cc. 212, 215

indigent and neglected c. 84

employment of c. 48

CHILDREN— Continued.

not to be fiirnislied with firearms or
dangerous weapons . . . . c. 102

pauper and neglected c. 86

receiving infants to board . . . . c. 80
See Bastar7)s; L\man School fob Bovs ;
Neolected Childiiex.

CHRISTMAS.

next day holiday when on Sunday,

cc. 2, 160
CHURCHES.

trustees of c. 39

CITIES.

See Towns.

CIVIL SERVICE.

regulated Title vii

CLERKS.

assistant, of senate and house, given

certain documents c 4

assistant, of senate and house, salary c. 2
of senate and house, salary increased c. 2
COAL.

baskets and measures c. 60

See Sales.
COLOR BLINDNESS.

See Railuoads.

COMMON CARRIERS.

not to transport certain bodies . . c. 32

COMMON LANDING PLACE.

location of c. 49

COMMON VICTUALLER.

time of closing c. 100

COMMONWEALTH BUILDING.

care of c. 5

COMMONWEALTH.

funds, how invested c. 16

COMPOSITION.

with creditors in insolvency . . . c. 157

CONDITIONAL SALES.

of furniture or household goods . c. 192

CONGRESSIONAL DISTRICTS.

established c. 9

CONNECTICUT RIVER.

Log driving c. 94

CONTAGIOUS DISEASES.

to be reported c. 80

children sick with, not to attend
school c. 47

CONVICTS.

discharjie on condition ; permit to be

at large c. 220

revocation of permit to be at large and

remand c. 222

permit to be at large void for violation

cc. 220, 221, 222

successive sentences c. 215

COOPERATIVE ASSOCIATIONS.

general provisions c. 117

COOPERATIVE SAVINGS FUND AND
LOAN ASSOCIATIONS.

name changed to co-operative banks c. 117
regulated c. 117

CORPORATIONS.

record of transfers of stock . . . c. 105
time for appointment of receivers . c. 105
insolvent, unclaimed money, cc. 116, 119

Subjects or ISTew Legislation, 1884. Ixxxvii

COB.FO'RATIO'NS— Continued.

to return ;Rrept:ince of acts . . . c lOo
taxation of foreign mining, (luarrying
and oil companies c. 13

COSTS.

apiicals from taxation of . . . . c. l.'o

appeals for aliatement of taxes . . c. 11
on removal of equity suits to supreme

court c. 152

term fees limited c. 198

when trustee is sued by defendant c. 183

COUNTY COMMISSIONERS.

travel over county bridges . . . c. 53

COUNTIES.

salaries C. 23

CRANBERRIES.

standard measure <*• 60

CRIME.

blank returns of c. 219

CRIMINAL INSANE.

support of cc. 213, 214

CROSSINGS.

gates and flagmen at railroad . . c. 112

DAMAGES FOR LAND TAKEN.

See Bettekments.

DAMAGES, HIGH"WAY.

where separate or contingent estates c. 49
DANGEROUS ViTEAPONS.

not to be furnished to children . . c. 102

DEBT.

See Municipal Indebtedness.

DEBTOR.

reaching property in equity . . . c. 1-^1

DEFORMED PERSONS.

exhibition of prohiljited .... c. 207

DEGREES.

See Medical Societies.

DEER.

in Plymouth and Barnstable . . c. 92
protection of c. 92

DEPOSITION.

to perpetuate testimony . . . . c. 169

DEPOSITIONS.

taking of c. 169

DESCENT.

of lands of bastard c. 125

DISORDERLY PERSONS.

on pul)lic conveyances punished . c. 103

DISTRIBUTION.

of personal estate of married woman c. IS-J

DISTRICT ATTORNEY.

assistant in eastern district . . . c. 17

for eastern district, salary . . . c. 17

assistants in Sutfolk, salary ... c. 17

DISTRICT COURTS.

See Police Courts.

DISTRICT POLICE.

inspection of Ijuildings . . cc. 103, 104

neeil not be examined by judge . c. 190
DISTRICT AND OTHER POLICE

railroad and steamboat police . . c. 103
DIVORCE.

absence raising presumption of death

c. 146

DIVORCE — Continued.

form of decrees c. 146

statistics c. 140

DOG LICENSES.

transfer c. 102

DOORS.

of factories not to be fastened . . c. 104
DOORKEEPERS OP SENATE AND
HOUSE.

numljer and pay c. 2

DRUGS.

adulteration cc. 08, 208

ELECTIONS.

correcting and publishing returns . . c. 7
terms of probate court falling on elec-
tion day c. 156

laws revised c. 7

See Ballots, Toavns and Tow.v Officers.

ELECTION SERMON.

law repealed c 2

ELECTRIC LIGHTS.

wires regulated c. 109

See Telegraph.

ELEVATORS.

inspection of c. 104

unsafe to be placarded c. 104

EMBEZZLEMENT.

otticers of voluntary societies . . c. 203

EMPLOYMENT.

of minors and women c. 74

of prisoners c. 21

See Children.

ENTERTAINMENT.

fraudulently procuring . . . . c. 102

EQUITY PLEADINGS.

precedents c. 151

EQUITY.

reaching property of debtor . . . c 151

reaching property of partner . . c. 151

return day of process c. 152

venue of suits c. IGl

See Superior Court; Supreme Judici.\l
Court.

ESCAPE.

of prisoner laboring outside . . c. 220

ESSEX COUNTY.

salary of judge of probate . . . c. 158

EXAMINATION.

See Trial.

EXCEPTIONS.

establishing where judge is dead, etc.

c. 153

EXECUTOR.

expenses in proving will . . . . c. 130

EXECUTION SALES.

when suspended by court . . . C. 172
EXECUTIVE CLERK.

of governor, salary c. 15

EXECUTIVE MESSENGER.

salary c. 15

EXPLOSIVE COMPOUNDS.

notice of place of storage . • . c. 102
regulations of use c. 102

EVENING SCHOOLS.

See Schools, Evening.

Ixxxviii Subjects of 'New Legislatioi^, 1881.

FACTORIES.

doors not to be fastened . . . . c. 104

inspection of c. 103

PARES.

See Railroads.
FEES.

for summoning witnesses in criminal
cases c. 199

FEEBLE-MINDED, SCHOOL FOR.

notice of applications for admission c. 87
FENCES.

barbed wire regulated c. 54

FERTILIZERS, COMMERCIAL.

licenses to sell c. GO

FIRE.

in woodlands, causing punished . c. 203

FIREARMS.

not to be sold to children . . . c. 102

FIRE ESCAPES.

required cc. 103, 104

FISH

and same laws . c. 91

alewives c. 91

nets in ponds . c. 91

lobsters c. 91

open time for certain extended . . c. 91

oyster licenses c. 91

seines c. 91

taking from seines, etc., punished . c. 91

FOOD.

adulteration cc. 58, 208

FOREIGN CORPORATIONS.

agents to receive service of writs, etc.

c. 10.-)

returns c. lO.i

taxation c. 13

FORESTS.

caiisins destruction of by fire • • c. 203
cultivation of by cities and towns . c. 27

FRAUD.

by hirer of horse or carriage . . c. 203

GAME.

artificially propagated c. 92

owner may prohibit shooting or trap-
ping c. 203

wild ducks and fowl c. 92

GAMING HOUSES.

persons present punished .... c. 99

GENERAL COURT.

pay of members C. 2

GIFT ENTERPRISES.

forbidden C. 209

GIFT.

sale or exchange of property not to be
induced by ....... c. 209

GOVERNOR.

salary c. 1.5

salarj' of executive clerk .... c. 15
GRAND ARMY.

use of state campground . ... c. 14
GUNPOWDER.

notice of place of storage to be given c. 102

GUARANTY INSURANCE.

provided for c. 119

HABEAS CORPUS.

error in c. 18.3, y^ 18, corrected . . c. 185

HAND TOOLS.

instruction in the use of . . . . c. 44

HARBORS.

preservation of c. 69

assistant harbor masters .... c. 69

powers of master c. 69

lines in East Boston c. 19

lines in Gloucester c. 19

obstructions in tide-waters . . . c. 97

HAWKERS AND PEDLERS.

cities may regulate certain sales . c. 68
persons over seventy to have free li-
cense c. 68

HEALTH, BOARD OF.

appeals from orders c. 80

local, to enforce law as to sale of poul-
try c. 58

local, to notify state of small-pox . c. 80
care of illegitimate infants ... c. 48
care ofindigent and neglected children

cc. 48, 86
custody of juvenile offenders cc. 155, 212
inspection of food and drugs . . c. 208

HIGHWAY.

damages for electric wires on . . c. 109

taking for railroad c. 112

See Damages ; Way.

HOLIDAY.

See Probate Court.

H0MCE30PATHIC INSANE ASYLUM,
authorized c. 87

HORTICULTURAL SOCIETIES.

property exempt from taxation . c. 11
HOTELS.

family; watchmen, etc., required . c. 104
See BriLDixo.s.

HOUSE OF REPRESENTATIVES.

pay c. 2

salarj' of clerk and assistant clerk . c. 2
HUSBAND.

transfers of property between husband

and wife c. 147

INN.

fraudulently procuring entertainment

at c. 102

INDEXES.

to general statutes c. 4

INQUESTS.

lees of witnesses and olBcers . . c. 26
INSANE.

asylums for chronic c. 87

criminal insane c. 87

discharge or temporary release . c. 87
INSANE ASYLUM.

homceopathic c. 87

INSPECTORS.

of Initter, cheese and milk . . cc. 56, 57

of tactories and public, ijuildings.
See DisTjacr Police.

of vinegar, pay of c. 60

INSOLVENCY.

accounts of assignees must be sworn

to c. 157

composition with creditors . . . c. 157
equitable liabilities provable . . c. 157
unclaimed dividend c. 157

Subjects of New Legislation, 1884. Ixxxix

INSURANCE COMPANIES.

against tempests on land . . . . c. 119
blanks for returns to be furnished c. 119
classifieation of directors .... c. 118
coniimtation of re-insurance . . . c. 119
discrimination on account of color c. 119

examination of c. 119

fee for valuing life policies . . . c. 119
delivery of deposits to trustees . . c. 119
returns of foreign business • . . c. 119
re-insurance forbidden in companies

not admitted c. 119

foreign ; form of securities and how

changed c. 119

insolvent; unclaimed money . . c. 119
time of filing annual return . . . c. 119
marine companies; when may take

fire risks c. 119

minimum capital c. 119

receivers to deposit books . . . c. 119

reinsurance regulated c. 119

return of securities deposited by for-
eign companies c. 119

risks limited in districts . . . . c. 119
trust created by deposit how en-
forced c. 119

guarant}' provided for c 119

INTOXICATING LIQUORS.

licenses, time of applications for . c. 100
INTEREST.

on betterments c. 51

JUDGE.

cannot afterwards be counsel . . c. 159
JUDGE OF PROBATE.

salary c. 158

JURISDICTION.

of superior court in equity . . . c. 152
See SupKRioR Court.

JUSTICE OP THE PEACE.

warrants by c. 155

JUVENILE OFFENDERS.

trial of c. 89

LABOR.

doors of buildings not to be fas-
tened c. 104

hours of cc. 48, 74

LANDING PLACE.

common, location of c. 49

LAW LIBRARIES.

aid to c. 40

LEGISLATIVE MANUAL.

distribution c. 4

LIBRARY.

detention of books c. 20.3

injury to property of c. 203

LICENSE, LIQUOR.

condition added to C. 100

LICENSES.

for intelligence offices, junk-dealers,
pawni)rokers, etc., c. 102

transfer of dog C- 185

See Hawkers and Pedlers, Fertiliz-
ers, Intoxicating Liquors.
LIENS.

for betterments, how long to con-
tinue c. 51

LIMITATION OF ACTIONS.

in favor of mortgagor c. 176

LIQUOR.

condition added to license . . . c. 100
common victuallers when to close, c. 100

how analyzed c. 100

notice of ai)i)lication for license . c. 100

near school-houses c. 100

not to be sold to persons suppoi'ted by

charity c. 100

screen law c. 100

See Search Warrants.

LITERARY INSTITUTIONS.

lists of exempt property .... c. 11

LOBSTERS.

l)reservation c. 91

unlawful taking from traps, etc. . c. 91
See Fish.

LOCOMOTIVE BOILERS.

to be tested c.^112

LODGING HOUSES.

See Boarding-Houses, Buildings.

LOGS.

in Connecticut River c. 94

LORD'S DAY.

not defence to torts to the person . c 98

LUNATIC HOSPITALS, STATE.

female physician for c. 87

LUNATIC HOSPITALS.

number and sex of trustees of

state c. 87

LYMAN SCHOOL.

for boys c. 89

age at which may be committed . c. 89
MALICIOUS MISCHIEF.

defacing notice or paper posted in
compliance with law . . . . c. 203
MANUFACTURERS.

right to ring bells, etc c. 74

MARRIED WOMAN.

deed or devise by c. 147

personal estate how distrilnited . c. 135
See Hushand.

MASTERS IN CHANCERY,

compensation c. 159

MAYOR.

right to vote c. 28

MAYOR AND ALDERMEN.

how construed cc. 3, 28

MEASURES.

unlawful, possession of, forbidden, c. 65
sale of coal liy regulated .... c. 60

MEDICAL EXAMINERS.

new district in Franklin .... c. 26

MEDICAL SOCIETIES.

degrees by regulated c. 115

MEMORIAL DAY.

veterans may jmrade with arms . c. 14

MESSENGERS.

of senate and bouse, number and
pay c. 2

MILK.

act not afTected by subsequent legisla-
tion c. 57

analysis regulated c. 57

Subjects of New Legislation, 1884.

MILK — Continued.

obstructing inspectors punished . c. 57
adulteration of.

See Adulteration.

MILITIA.

bands increased -. c. 14

companies and battalions .... c. 14
discharge of officer by failure to pass

examination c. 14

examination of medical officers. . c. 14

fines may be collected by suit . . c. 14

grounds of discharge c 14

heavy artillery c. 14

pay of c. 14

pay for care of property .... c. 14

parades with arms c. 14

recruiting officer c. 14

reports of inspector-general . . . c. 14

return of property ". c. 14

signal corps, liorses for .... c. 14

time of encampment c. 14

time of parade for drill .... c. 14

MINING COMPANIES.

taxation of c. 13

MINING, QUARRYING, ] AND OIL
COMPANIES.

taxation of foreign c. 13

MINORS.

em|)loyment of c. 74

neglect to support c. 48

See Ten Hour Law.

MONUMENTS.

or headstones for soldiers ... c. 27

MORTGAGES.

recording of chattel C. 192

of real estate, how barred by posses-
sion c. 176

sale, how advertised c. 181

taxation of c. 11

MUNICIPAL COURTS.

Boston, additional justice. . . . c. ir)4

East Boston district c. 154

exchange of justices . . , . . c. 154
See Police Cor RT: Toavxs.

MUNICIPAL INDEBTEDNESS.

net indebtedness defined . . . . c. 29
proportionate payments instead of

sinking fund c. 29

returns of sinking funds .... c. 11

MUTUAL AID ASSOCIATIONS.
See Beneficiary Associations.

NAMES.

changed a list to he published . . c. 148
in tax bills, corrected c. 6

NEGLECTED CHILDREN.

disposition of tine c. 48

NOTES AND BONDS.

of railroads c. 112

NOTICES, LEGAL.

tearing down or defacing . . . . c. 203

OFFICERS.

fees for summoning witnesses . . c. 199

I'eturns of arrests c. 219

with sheriff's jury : pay .... c. 49
with superior court in Suffolk: pay, c. 159
with supreme court : pay . . . . c. 159
fees. See Lnquests.

ORNITHOLOGY.

taking birds for c. 92

OVERSEERS OP THE POOR.

See Towns.
OYSTERS.

licenses to take c. 91

PAGES.

of senate and house, number and

pay c. 2

PARDON.

imprisonment after condition broken

c. 218
PARKS,

laying out by cities and towns . . c. 49

taking for railroads c. 112

PARTITION.

notice c. 178

upon whom binding c. 178

PARTNER.

reaching property of, in equity . . c 151
PAUPERS.

liable for their own support ... c. 84
See Children.
PA"WNBROKERS.

sale of personal apparel . . . . c. 102

PEDLERS

See Hawkers and Pedlers.

PETROLEUM.

selling without license c. 59

PHYSICIANS.

to make returns of births .... c. 37
PILOTS.

additional c. 70

when other than regular pilots can

act c. 70

PILOTAGE.

regulated and laws revised . . . c. 70
POLICE.

railroad and steamboat . . . . c. 103

POLICE COMMISSIONERS.

may require attendance of wit-
nesses c. 169

POLICE OR DISTRICT COURTS.

adjournment when justice absent . c. 154

bonds on appeal c. 154

clerkship al)olished c. 154

clerkship established c. 154

established and changed . . . . c. 154

officers and salaries c. 154

sessions c. 154

travelling expenses allowed in some
cases c. 154

POLLS AND ESTATES.

established for decade c. 11

POLLUTION.

of water supply, restraint of . . . c. 80

POULTRY.

to be dressed c. 58

POUND STERLING.

exchangeable value c. 16

PONDS.

bathing in where use for water supply
forbidden c. 80

POOR CONVICTS.

discharge c. 222

Subjects op :N'ew Legislation, 1884.

xci

PRACTICE.

appearing as counsel after sitting as

judge c. 159

day of trial may be agi'ecd . . • c. Ui7

discharge of hail c. 163

notice to non-resident where property

attaclied c. 164

return day of process in eqnity . c. l.J2
trial list, criminal, in superior court c. 214

PRISONS.

discharge of poor convicts . . . c. 222
escape of prisoners at work outside c. 220
removal of jirisoners to hospitals . c. 219
transfer of prisoners c. 219

PRISONBKS,

charges for insane . . . . cc. 21.3, 214
employment of c. 221

PROBATE COURT.

constal)le for, in Suffolk . . . . c. 1.56
expense of recording in Suffolk . c. 1.56
expenses may he alLnved . . . c. 1.56

officers, salaries c. l.")8

sessions in Hampden c. 156

terms falling on holiday or election

day 0.1.56

PROBATION OFFICERS.

in Boston c. 212

PUBLIC DOCUMENTS.

distrilKition of c 4

PUBLIC DOMAIN.

set apart for forest trees .... c. 27

PUBLIC PROPERTY.

accounts of sales c. 16

RAILROAD.

alterations of crossings; appeal . c. 112
branches near state house . . . c. 112
betterments for changes at crossings c. 112
canying of bodies ofpersons dying of

infectious disease c. .32

cash fares on cars regulated . . . c. 112
certain notes and bonds not to be in-
valid c. 112

color blindness, c. 112

consent of city or town required where
land used for public purposes is

taken c. 112

death of employees c. 112

discrimination in rates c. 112

disorderly persons on c. 207

fences c. 112

gates and flagmen at grade crossings c. 112

land for new tracks c. 112

locations near state house . . . c. 112

police tenure of office c. 103

relief societies of employees . . . c. 11.5
safety coui)lers on freight-cars . . c. 112

signals protected c. 112

testing of locouu)tive boilers . . c. 112
tools and safeguards against fire for

cars c. 112

REAL ESTATE.

held by savings banks; time of sale c. 116

sale for taxes c. 12

RECORD.

of burial lots

See Cemeteries.

of transfer of dog license . . . . c. 102

RECEIVERS.

time of appointment c. 105

See Insukance Companies ; Sayings Banks.

REFORM SCHOOL.

age limited to (iftcen c. 89

for boys changed to Lyman School c. 89
REFORMATORY PRISON FOR MEN.

established c. 221

REFORMATORY PRISON FOR
WOMEN.

cost of removal of prisoners . . c. 219

office of treasurer and steward abol-
ished c. 221

salary of deputy superintendent . c. 221

schoolmistress and cliaphun . . . c. 221
REGISTRATION LAWS OF ELEC-
TIONS.

revised c. 6

REGISTRATION OF VOTERS.

errors by assessors c. 6

errors in names c. 6

salary c. 158

REGISTRY OF DEEDS.

new in Worcester c. 24

REINSURANCE.

regulated c. 119

RELIEF SOCIETIES.

by railroad and steamboat em-
ployees c. 115

RELIGIOUS SOCIETIES.

trustees of c. 39

REPORTS.

number to be printed c. 4

REPRESENTATIVES, HOUSE OF.

pay of members c. 2

pay of officers c. 2

RETURNS.

by foreign corporations . . . . c. 10-5

REVIEW.

stay of execution without security c. 187

SALES.

conditional of furniture or household

goods c. 192

of coal by measures c. 60

of commercial fertilizers .... c. 60

of poultry c. 58

SALARIES.

clerks and assistant clerks of senate

and house c.'2

of clerks of savings bank commis-
sioners c. 116

of county officers c. 23

of district attorneys, etc c. 17

district courts c. 151

of deputy superintendent of reforma-
tory prison for women . . . c.'221
of engineer at state prison . . . c. 221
of executive clerk of governor . . c. 15
of executive messenger . . . . c. 15

of governor c. 15

of jmlges and clerks (■.154

of judges of superior court . . . c. 152
of members of legislature ... c. 2

of officers of court c. 159

of officers of general court . . . „ c. 2
of officers of police courts, etc. . c . 154

XCll

Subjects op New Legislation^", 1881.

SALARIES — Continued.

of officers of probiite court . . . c. 158

of officers of .state lil)rary ... c. 5

of officers of state prison . . . . c. 221

police courts c. 154

probate court c. 1-58

of secretary of the Commonwealth c. 15

of sergeant-at-arms c. 5

of sheriffs c. 25

SAVINGS BANKS.

books of insolvent C. 116

investments c. 116

liability to, limited c. 116

limit to loans on personal security c. 116
names of board of investment to be

published c. 116

notices of special meetings . . . c. 116

only one place of business . . . c. 116
salaries of clerks of commissioners

raised c. 116

storage of books of insolvent . . c. 1 16

taxation c. 116

time for selling real estate . . . c. 116

time for selling land c. 116

unclaimed money in receivers' hands c. 116

SAVINGS FUND AND LOAN ASSO-
CIATIONS.

.See CoOi'EK.VTiVE Associations.

SCHOOLS.

children sick with contagious dis-
eases c. 47

instruction in use of hand tools . c. 44
sales of liquor near c. 109

SCHOOL BOOKS AND SUPPLIES.
to be furnished c. 44

SCHOOL FOR FEEBLE-MINDED,
notice of applications for admission c. 87

SCHOOL DISTRICTS.

abolished C. 45

towns to sue or defend for ... c. 45

SCHOOLS, EVENING.

attendance of cliilihen .... C. 47
establisliinent of, in certain cities . c. 44

SCHOOL FUND.

distribution of c. 43

SEALERS OF WEIGHTS AND
MEASURES.

appointment C. 65

SEARCH WARRANT.

for liquor, issued by justice author-
ized to issue criminal warrants, c. 100

SERGEANT- AT-ARMS.

salary c. 5

SEATS.

for female employees c. 74

SECRETARY OF COMMONWEALTH.

clerks c. 15

salary , c. 1.5

salary of third clerk c. 15

SENATE.

pay c. 2

compensation of officers .... c. 2
salary of clerk and assistant clerk . c. 2
SENTENCE.

to jail i!i>tead of house of correction c. 215
successive c. 215

SEWER.

assessments, redemption of land sold

for c. 50

SHERIFF.

may adjourn police or district court c. 154

SHIPS.

See Pilots.

SOLDIERS.

headstones or monuments for . . c. 27

parading with arms c. 14

state aid extended c. 30

SMALL-POX.

local boards of health to notify state

board c. 80

transportation of bodies of persons

dying of c. 32

STATE AID.

extended c. 30

STATE DOCUMENTS.

numlier to l)e printed c. 4

STATE LIBRARY.

clerks c. 5

annual appropriation for books . c. 5

STATE LUNATIC HOSPITALS.

number aiul sex of trustees . . . c. 87
female physicians for c. 87

STATE PRISON.

officers c. 221

salary of engineer c. 221

removed to Boston c. 221

STATE OFFICERS.

advances for small expenses . . c. 16

STATE WORKHOUSE

persons leaving and begging punished

c. 88

STATUTES,

tables and indexes c. 4

STEAMBOAT EMPLOYEES.

relief societies c. 115

STEAMBOAT POLICE.

See DisTiucT Police.

STICKERS.

detached not to be counted as ballots c. 7

STOCK.

records of transfers of in corpora-
tions c. 105

SUBPCENA

by justice of the peace c. 169

SUMMONS.

for witnesses by justice of the peace

c. 169

SUPERIOR COURT.

jurisdiction in equity; pleadings and

practice c. 1.52

salaries of justices c. 152

salaries of officers c. 159

trial list in criminal cases . . . . c. 214

SUPREME JUDICIAL COURT.

frivolous appeals c. 150

full court detined c. 150

TAXES.

costs on appeals for abatement . . c. 11
debts which are to be deducted from

assets c. 11

errors on tax bills c. 6

Subjects of ISTew LegislxVtiox, 1884.

XClll

TAXES — Continued.

foreign niiuiiig, quarrying and oil

companies c. 106

on foreign companies c. 13

lists and returns of charitable prop-
erty CO. 11, 13

on mortgaged real estate .... c. 11
on personal p-operty of assignees,

joint owners, etc c. 11

purchaser of tax title to file certificate

of residence, etc c. 12

sale of property taken for . . . c. 12

of savings banks cc. 13, 116

surrender of title to city .... c. 12

valuation boolvs c. 11

valuation established c. 11

TAX SALBS.

purchase by collector c. 12

surplus from c. 12

TAXATION.

exemption. Property of Lynn Work-

ingmen's Aid Association . . c. 11
horticultural societies exempt . . c. 11
of title insurance companies ... c. 13

TELEGRAPH

cannot enter property c. 109

damages to abutters on streets . . c. 109
names to be put on posts . . . . c. 109

TELLERS.

at town meetings c. 7

TEN-HOUR LA^V.

evidence of age c. 74

mercantile establishments ... c. 74

notices of hours of labor .... c. 74

TEKEMElSrT HOUSES.

fire escape c. 104

TIDE WATERS.

removal of obstructions in ... c. 97
TIMBER.

in Connecticut River c. 94

TITLE INSURANCE COMPANIES.

authorized c. 106

taxation of c. 13

TOOLS.

instruction in use of c. 44

TOWNS.

annual payment of debts, instead of

sinkmg funds c. 29

and cities may receive funds for burial

places c. 82

culture of trees c. 27

election of assessors and overseers of

the poor c. 27

evening schools to be maintained in

certain c. 44

headstones or monuments for soldiers

0.27
issue of bonds, notes, etc. ... c. 29
new division of wards, when to take

ettect c. 28

notice of highway injuries , . . c. 52

parks c. 27

returns of sinking funds .... c. II
to sue or defend for school districts c. 4-5

tellers may be appointed c. 7

warrants defacing punished . . . c. 203

TOY PISTOLS.

sale forbidden c. 102

TRAMPS.

persons leaving almshouse or work-
house and begging . . . cc. 87, 88

who are, and how punished . . . c. 207
TREASURER, STATE.

additional clerk c. 16

extra clerks c. 16

standard of exchange c. 16

TREES.

land taken by cities for . . . . c. 27
TRIALS.

day may be fixed by agreement . c. 167

trial justice failing to attend . . . c. 212

where more than one sliirc town . c. 167
See Juvenile OrPENUEUs.
TRIAL LIST.

criminal in superior court . . . . c. 214
TRUANT SCHOOLS.

luiion truant schools c. 48

TRUSTEE PROCESS.

costs c. 183

UNITED STATES.

jurisdiction of land for fish commis-
sion c. 1

UNION TRUANT SCHOOLS.

regulated c. 48

VINEGAR.

adulteration of c. 60

inspection c. 60

pay of inspectors ...... c. 60

VOLUNTARY SOCIETIES.

embezzlement by officers . . . . c. 203
VOTERS.

See Kegistration; Election; Registra-
tion OF Voters.
VOTING LIST.

See Check List.
WARDS.

returns of inhabitants and voters for
use in dividing wards ... c. 28

new division c. 28

See Towns.
WARRANTS.

by justices of the peace .... c. 155
See Towns.
WATCHMEN.

in boardmg houses, hotels, etc. , , c. 104
WATER.

l)athing in ponds forbidden ... c. 80
WATER SUPPLY.

pollution nuiy be restrained ... c. 80

supervision of c. 80

WAY.

notice of injury c. 52

WEIGHTS AND MEASURES.

for cranberries c. 60

for coal c. 60

WIFE.

See Married Woman.

WILD DUCKS.

protection c. 92

WILL.

expenses in proving c. IZ^

xciv Subjects or New Legislation, 1884.

■WITNESSES.

attendance hefore special tribunal . c. 169

before police commisbioners . . . c. 169

fees at inquebts ....... c. 26

fees for summoning c. 199

subpccnas for c. 169

■WOMEN.

autliorized to administer oaths . . c. 18

employment of c. 74

female ph vsician for lunatic hospitals,

C.87

"WOMEN" — Continued.

may practice law c. 159

See Employment ; Married Women; Re-
formatory Prison.
■WORCESTER.

divided for registry c. 24

■WORKHOUSE, STATE.

transfer of inmates c. 88

trustees c. 88

"WRECKS.

removal of c. 97

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